What Does a NY Estate Lawyer Do?

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 […]

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Administration CTA in New York Law

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 […]

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Guardian Of The Property Of A Minor in New York

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 […]

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Who Can Administer an Estate When No One is Willing

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.  […]

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Challenging the Rights of Parent When Their Child Dies - EPTL 4-1.4

When someone passes away in New York State without a Last Will and Testament, they are deemed to have passed away “intestate.”  This means that their estate will be distributed in accordance with New York State’s rules of intestacy. Intestacy The rules of intestacy are found in New York State’s Estates Powers and Trusts Law […]

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Guardianship Law In New York State

When seeking to obtain guardianship over an individual incapable of making their own decisions, it is necessary to determine whether a guardianship under Article 81 of New York’s Mental Hygiene Law or a guardianship under Article 17-A of New York’s Surrogate’s Court Procedure Act is more appropriate. An Article 81 guardianship is typically sought when […]

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Cousin Cases and NY Kinship Proceedings

When a person dies in New York State without a Last Will and Testament, New York’s intestacy law, found in EPTL 4-1.1, governs who is entitled to receive the decedent’s property (otherwise known as their estate).  The New York Estates Powers and Trust law provides an order of priority in which the decedent’s relatives may […]

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Administrator and Executor Commissions on New York Estates

If you have been appointed as the Executor or Administrator of a friend or relative’s estate, it is very likely that you have quite a time consuming job ahead of you. You will be tasked with tracking down and collecting all of the decedent’s assets, valuing them, filing any final income tax returns and estate […]

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Accessing a Deceased Relative’s Residence After Death

If you are in the position of taking care of the affairs of a recently deceased relative, you may find that their house or apartment has been sealed by the police. This is commonly done when the police are notified of a person's death and the home or apartment has no other occupants. This is […]

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Wrongful Death Compromises at Surrogate's Court

When you have suffered through the death of a loved one at the hands of another person’s or facility’s carelessness, it is possible to receive just compensation for your loss through something called a wrongful death lawsuit.  You will be suing the defendant under a personal injury tort theory called negligence for the loss of […]

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Attorney Advertising Disclaimer: The estate planning, probate, elder law or other New York legal information presented on this site should NOT be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Using the advice provided on this site without consulting an attorney can have disastrous results. Prior results do not guarantee similar outcomes. Please contact a Queens estate planning attorney at one of our law firms located in New York City. This web site is not intended to solicit clients for matters outside of the State of NY, although we have relationships with attorneys and law firms in states throughout the United States. Free consultation applies to an initial phone consultation.
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