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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The Role of the Guardian ad litem (GAL) in a Probate Proceeding

A guardian ad-litem, also known as a GAL, is a person who is appointed to represent the rights and interests of a minor or incapacitated person during a legal proceeding.  This is not the same as a guardian of the person or property of a minor or incapacitated individual who is appointed to make generally […]

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New York Probate Timeline

Probate is the process by which a will is presented in court for a judge to determine its validity, to appoint and empower an Executor with Letters Testamentary to pay off the Testator’s debts and distribute their property and possessions to their beneficiaries. The following is a sample probate timeline.  It is an approximation and […]

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Limited Letters of Administration in New York State

In New York State, if someone dies without a will, they are said to have died intestate. In such a situation, their next of kin, as defined in SCPA 1001, would petition to become the administrator of their estate. The process can takes months (and sometimes years) and all of the heirs, also known as […]

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Ancillary Probate Law In New York

  An Ancillary probate proceeding is a proceeding in which an estate representative is appointed in a state other than the decedent’s home state (usually the state in which the decedent was domiciled). The ancillary probate proceeding is a secondary proceeding, meaning that the primary probate or administration proceeding must first be brought in the […]

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Inheriting From Your Non-Marital Father Under NY’s EPTL 4-1.2

  When a child is born to parents who were not married at the time (and, depending on the county, not subsequently married), they are considered a non-marital child. Inheriting from the estate of a non-marital father can be a complicated matter. Marital children benefit from the marital presumption of legitimacy – the idea that […]

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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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How to Quickly Sell Real Property In An Estate

Real property is a common estate asset. If you are the next of kin or proposed executor or administrator of a loved one’s estate, you may be charged with selling a parcel of real property. This article will give an overview of the process and propose a couple of ways to expedite it in order […]

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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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