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Category Archives: Probate

How Long Does Probate Take in New York?

Feb 13, 2018
I am often asked, Roman, How Long Does It Take For A Will To Go Through Probate in NY? The answer always depends on ...
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How Much Does Probate Cost in New York?

Feb 13, 2018
Many people think that probate is always a long and expensive process. In reality, most probate matters are handled ...
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Funding Your Living Trust

Dec 25, 2017
Imagine buying a beautiful new family car, taking it home, and leaving it parked in your garage. Then, instead of using your shiny new vehicle to transport your family, you use public transportation t ...
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Step-up in Basis: Is There Tax on the Sale o...

Jul 05, 2017
As an estate planning and probate attorney, I am often involved in the sale of real estate that my clients inherited and have to deal with a very important question: “will my client have to pay capita ...
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Preliminary Letters Testamentary in Probate ...

Mar 23, 2017
If you have been named as the executor of a decedent’s last will, you don’t have authority to sell or distribute their assets until you have been appointed by the Surrogate’s court. That process, call ...
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New York Estate Accountings: An Overview

Feb 14, 2017
Being an executor or administrator of an estate come with many responsibilities. Collecting and insuring the estate’s assets, paying valid debts and expenses, filing income taxes, and list goes on. Th ...
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Contesting a Will in New York: An Overview o...

Nov 28, 2016
People (usually those who have been disinherited) often wonder if they have any rights to contest a last will and testament of a loved one which they believe to be an invalid will. There may be many r ...
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Probating a Copy of a Lost Will in New York

Aug 29, 2016
In order to probate a will, i.e. to have it accepted by the Court as the decedent’s Last Will and Testament, New York States Surrogate’s Courts require the original Will to be turned over to the Court ...
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What Are My Rights as a Surviving Spouse?

Sep 21, 2015
I received a frantic call earlier this year from a woman with two young children whose husband passed away a few months prior without leaving a will. Although she had been appointed administrator of h ...
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Opening a Safe Deposit Box After Death in NY

Apr 17, 2015
I often receive phone calls from clients who had recently lost a loved one and, among other things, are confused about how to access the decedent’s safe deposit box. A common concern is that the loved ...
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Frequently Asked Probate Questions

Mar 10, 2015
As a probate lawyer, I am often asked many important questions about the probate process. I have decided to make a list of some of the most frequent questions in an effort to help people understand th ...
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Consenting to the Probate of a Will

Nov 09, 2014
Have you lost a family member and received a document called a “Waiver of Process; Consent to Probate”? If you are like most people, you may be confused about what this means, and more importantly, if ...
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