By Roman Aminov, When a will is admitted and the court signs off, families often assume the hardest part is behind them. The executor is holding a document called Letters Testamentary, and the relief is understandable. The real work, though, is just starting. Everything the decedent owned still sits exactly where they left it, and […]

By Roman Aminov, When families sit across from me after a loss, they often assume the executor controls everything the deceased owned. I gently correct that. Some of the largest accounts a person leaves behind never pass through the estate at all, and understanding why is one of the most important things I teach a […]

By Roman Aminov, When someone dies and leaves money or property behind, somebody has to step in, settle the debts, and pass what remains to the right people. Usually that someone is a family member or a person named in a will. But what happens when there is no will, no relatives anyone can find, […]

By Roman Aminov, When a family loses someone to another party's carelessness, the grief is heavy enough. Then comes a settlement, and with it a question almost nobody is prepared to answer. Who actually controls that money, and where does it go? In New York, the answer runs straight through the estate administrator. I've watched […]

Contributed by: Roman Aminov Esq. The way families start probate and estate proceedings in New York just got significantly easier. Recent amendments to Surrogate's Court Procedure Act Sections 307, 308, and 309 have modernized how legal papers can be served in Surrogate's Court matters, and the practical impact for executors, administrators, and beneficiaries is substantial. […]

For many New Yorkers, planning for the future involves not only growing their assets but also protecting them. A significant concern, especially as we age, is the potential cost of long-term care and how to plan for it without depleting a lifetime of savings. This is where estate planning tools like trusts become invaluable. Specifically, […]

When you imagine an estate planning attorney you likely think about someone who will meet with you to discuss your family’s needs and desires regarding what should happen to your property when you die.  This attorney may also discuss care and living arrangements for your minor children.  They will draft your advance directives (power of […]

When a person passes away and leaves a valid Last Will and Testament (the “will”), his named executor in the will (or a successor executor, if the primary is unavailable) has to go through  probate process. Probate is the process of proving the authenticity of the will and qualifying to act an executor to administer […]

As a parent or caretaker of a minor child, you may encounter situations where a minor requires someone to manage their financial affairs and protect their assets. This usually happens when the minor was listed as a beneficiary on a life insurance policy or bank account. In such cases, the Surrogate's Court appoints a guardian […]

Your “probate estate” is all the property you own at your death that did not pass automatically through a trust or beneficiary designation.  When you die, your estate must be administered – this is the collection and management of estate assets, paying your debts and taxes, and finally making distributions to your heirs or beneficiaries.  […]