Creating your estate plan often feels like an enormous task in and of itself. The idea of going back and combing through it every so often is likely not appealing to you in any way. Unfortunately, this is a necessity and for the benefit of your loved ones. But is...
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Estate Administration & Probate
What is ancillary probate in New York?
If your family member lives out of state or in another country but owns real estate in New York, his or her estate may require ancillary probate. With this process, the distribution of real estate assets falls under the laws of the state of location rather than the...
What are the benefits of a living trust?
Whether you are just starting a family or you are planning retirement, it is critical to ensure your estate plan is current. There are many components to a comprehensive estate plan, including a last will and testament, power of attorney, guardianship designations,...
Understanding your responsibilities as a New York executor
When someone makes you the executor over his or her estate, they are entrusting you with handling a variety of efforts that are all highly important. Because there is an investment of time when you take on the executor role, you may receive a fee in exchange for your...
What are some concerns with foreign estate administration?
If a loved one who lives in a foreign country dies, there can be a few hiccups that you may come across involving his or her estate. The main issue is that you are operating under the laws of that foreign country while also having to adhere to U.S. law. As you can...
What are reasons to contest a will?
In New York, some people have the ability to contest a will. This does not apply to everyone. But it is good information for next of kin or other relatives of the deceased. Let us say you already established that you have standing. It is within your rights to contest...
Who gets estate when the state has to decide?
While it most often happens when a person dies without a will or estate plan, the state may also decide to whom to award assets in other cases as well. Many people do not understand how distribution works under the law and which heirs will get assets. Luckily, New...
Woman appeals decision in contested will
Many people might assume that the terms outlined in a will or a trust are always clear and able to be followed or implemented without issue. That, however, is far from the truth. There are many factors that can leave the provisions of a person's will up for...
Who can legally dispute a will?
Every state has its own laws regarding who can and cannot dispute the validity of a will. In New York, challenging the probate of a will results in a will contest. You must have standing in order to hold a will contest. Today, we will look at the requirements to have...
What is intestacy?
When a loved one dies in New York, many things must be considered. This can be a stressful enough time on its own, but the stress is compounded when the deceased individual does not have a last will or testament. This can make inheritance matters extremely...