When you imagine an estate planning attorney you likely think about someone who will meet with you to discuss your family’s needs and desires regarding what should happen to your property when you die.  This attorney may also discuss care and living arrangements for your minor children.  They will draft your advance directives (power of […]

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 […]

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 […]

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.  […]

When someone passes away in New York State without a Last Will and Testament, they are deemed to have passed away “intestate.”  This means that their estate will be distributed in accordance with New York State’s rules of intestacy. Intestacy The rules of intestacy are found in New York State’s Estates Powers and Trusts Law […]

When seeking to obtain guardianship over an individual incapable of making their own decisions, it is necessary to determine whether a guardianship under Article 81 of New York’s Mental Hygiene Law or a guardianship under Article 17-A of New York’s Surrogate’s Court Procedure Act is more appropriate. An Article 81 guardianship is typically sought when […]

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 […]

If you have been appointed as the Executor or Administrator of a friend or relative’s estate, it is very likely that you have quite a time consuming job ahead of you. You will be tasked with tracking down and collecting all of the decedent’s assets, valuing them, filing any final income tax returns and estate […]

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 […]

When you have suffered through the death of a loved one at the hands of another person’s or facility’s carelessness, it is possible to receive just compensation for your loss through something called a wrongful death lawsuit.  You will be suing the defendant under a personal injury tort theory called negligence for the loss of […]