The New York Probate Lawyer Blog has published dozens of articles relating to many different topics such as estate planning, probating a Last Will and Testament, Will contests; objecting to a Last Will; intestate estate administration; kinship proceedings; estate accounting proceedings; proceedings by an executor or administrator to recover estate property from a third-party; selling
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Yes- In New York A Person Can Disinherit Family Members Except For a Spouse
Estate planning in New York involves many considerations and decisions. A full understanding and verification of assets is always a good starting point. As discussed in many articles in the New York Probate Lawyer Blog, only assets which are owned by a decedent pass under a Last Will and Testament. In the event a person…
How New York Guardianship Proceedings Can Prevent Elder Abuse
Article 81 of The New York Mental Hygiene Law (MHL) entitled “Proceedings For Appointment Of A Guardian For Personal Needs Or Property Management”, provides the substantive and procedural requirements for Guardianships in New York. The New York Probate Lawyer Blog has published many articles concerning issues relating to, and aspects of, Guardianship law.
The touchstone…
The Importance of Creating a Last Will Which Complies With The New York Will Statute
The Duty of A New York Executor or Administrator To Provide Information To Beneficiaries
The settling of an estate in New York involves numerous stages. At the outset, after a person dies, decisions must be made as to whether to probate a Last Will and Testament or if intestate Administration is required. In order to proceed, a Last Will must actually be located or determined not to exist. Sometimes…
When Should a Surviving Spouse File a New York Spousal Right of Election
The settlement of a New York estate occurs in a number of different contexts. If a Decedent dies and leaves a Last Will and Testament then the probate process begins to have the Will admitted to probate. A petition for probate is filed with the Surrogate’s Court along with the necessary supporting papers. In…
New York Intestate Laws- Why There Are Strict Rules Regarding Kinship and Intestate Rights
For many years the New York Probate Lawyer Blog has published articles regarding the settlement of a New York estate. When a person dies and leaves a Last Will and Testament, the Will must proceed through the probate process to become validated and enforceable. A probate petition is filed in the appropriate Surrogate’s Court and…
Removal of a New York Executor or Administrator- Specific Facts and Acts Are Essential
The appointment of an Executor or Administrator of an estate begins the process of the settlement of an estate. An Executor is appointed when a decedent leaves a Last Will and Testament which has been admitted to Probate in the Surrogate’s Court. There are Surrogate’s Court’s throughout New York State including the New York County…
Undue Influence and New York Wills-Some Important Considerations
A Last Will and Testament is an important document since it is meant to express in writing a person’s disposition of his estate. A Will is an embodiment of a testator’s intentions. The document may contain many different provisions and dispositions of assets. For example, there may be legacies disposing of a specific amount…
New York Article 81 Guardianship- Nick Reiner Was The Subject of a California Conservatorship
The recent news regarding the alleged murder of entertainment personality Rob Reiner and his spouse, Michele, by their son, Nick Reiner, was startling. One of the immediate questions which arose is what could motivate Nick, the son of such well-known parents, to allegedly cause them deadly harm.
An insight into the family dynamic may be…
