Article 81 of the Mental Hygiene Law (MHL) provides the statutory provisions for adult Guardianship. Pursuant to this statute the Court is given the authority to appoint a Guardian for personal needs and/or property management. The New York Probate Lawyer Blog has published many articles regarding Guardianship as well as estate and trust issues.
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https://www.juleshaasattorney.com/practice-areas/trust-and-estates/estate-planning-and-wills/Estate planning in New York is important. It is the method by which a person can specify the manner by which assets can be distributed upon death or other situations. Documents which are typically associated with estate planning include a Last Will and Testament and a Living or Grantor Trust. Also, papers such…

One aspect of estate settlement is the actual distribution of funds or other items to the ultimate beneficiaries of an estate or trust. As explained in many prior articles in the New York Probate Lawyer Blog there are three main categories involved in administering an estate. Briefly, the first stage involves the appointment of an…

Upon the death of a decedent, one of the first orders of business is determining whether there exists a Last Will and Testament.  If a person dies without a Last Will, then their estate is distributed according to the laws of intestacy.  Estates, Powers and Trusts Law (EPTL) Section 4-1.1 entitled “Descent and distribution…

The probate process in New York requires compliance with the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA).  One of the most important statutory provisions is EPTL 3-2.1 entitled “Execution and attestation of wills; formal requirements”.  This statute provides the formality necessary with regard to the execution of a Last…

When a person dies leaving a Last Will and Testament, it is necessary to have the Will admitted to probate.  This is typically the situation where a decedent dies and there are assets held in the decedent’s name alone.  The New York Probate Lawyer Blog has published many articles concerning the probate process. …

In order to effectively handle a decedent’s estate, an executor or administrator needs to be appointed.  The New York Probate Lawyer Blog has published many articles regarding the appointment of fiduciaries such as administrators, trustees, and executors.
Where a person dies with a Last Will and Testament, it is necessary to go through the…