Non-Probate Assets According To NY State Law

Probate is the process by which a Will is submitted to the Surrogate’s Court and an Executor is appointed with the authority to act on behalf of the estate. It is also generally used to describe the process of estate administration, when a person dies without a will. However, only certain types of assets must […]

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Seven-Month Timeframe for Creditors During Estate Administration

When someone passes away and their loved ones need to collect their assets, they will sometimes need to be appointed a fiduciary of the estate. The fiduciary of an estate oversees the collection of the decedent’s assets, paying their creditors, and distributing what remains to the estate’s distributees or beneficiaries.  The fiduciary is be appointed […]

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Article 17A Guardianships Under NY State Law

In New York State when a minor reaches the age of 18, they have the legal right to make their own decisions.  Their parents no longer have the authority to make decisions about their health or property.  While this may seem obvious and logical to most, for those parents of disabled young people, a child’s […]

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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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How to File for Letters of Administration in Queens County Surrogate's Court

When someone passes away without a will, their assets and property must be distributed through a legal process called intestacy and is governed by EPTL 4-1.1. In Queens County, New York, the Queens County Surrogate's Court handles these matters. If you are the next of kin of someone who passed away without a will, you […]

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What Happens to a Loved One’s Car When They Die?

Normally when a person dies with assets in their name alone, those become part of their estate and a fiduciary must be appointed to effectuate the transfer of those assets to a beneficiary named in a Will or to the next of kin in cases where the decedent had no will.  The matter will be […]

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How to Avoid Probate in Multiple States

Probate is the legal process that takes place when someone dies and includes admitting the decedent’s Last Will and Testament (the “Will”) to court, inventorying and marshalling the estate’s property, paying the decedent’s debts and taxes, and then distributing the estate assets to the decedent’s beneficiaries as outlined in their Will. Initiating the probate process […]

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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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Disqualifying an Estranged Spouse from Your Inheritance – EPTL 5-1.2

As we discussed in prior articles, New York makes it difficult to disinherit a spouse. New York Estates, Powers and Trusts Law § 5-1.1-A provides for something called the right of election which allows a surviving spouse to elect to receive a share of the estate regardless of what the Last Will and Testament might […]

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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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