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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Do You Need A Living Trust?

Living trusts are a much talked about topic in the field of estate planning, and for good reason. You may have heard financial planners or attorneys mention these trusts as a “must have” item in your planning portfolio but may be confused as to what a living trust really is, what it accomplishes, and most […]

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New York Small Estates and Voluntary Administration

When a person passes away leaving assets in their own name, their heirs generally have to go through probate or an administration proceeding to transfer those assets. Sometimes, however, the value of the assets is so small that it is not cost effective to bring these proceedings. In those cases, New York allows the heirs […]

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Executor And Administrator Bonds In NY Surrogates Court

When serving as the Administrator or Executor of a loved one’s estate, the Surrogate’s Court may require you to obtain something called an bond. An Administrator Bond or Executor Bond is similar to an insurance policy for the creditor and beneficiaries of the estate that will protect them in the event that the Executor or […]

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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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What Are Probate Assets?

When a person passes away and leaves behind assets in his or her name, his or her heirs must begin the estate administration (if there is no will) or probate process (if there was a will) to handle the distribution of the property.  During the administration or probate process, a decedent’s property is collected, debts […]

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