Articles Posted in Surrogate's Court

When an executor fails to perform
The Law Office of Jeffrey L. Weinstein

An executor, appointed by the testator in his/her will has a fiduciary duty to the heirs of the estate. What can you do when the executor breaches his/her duty? What are the executor’s obligations? Filing a Probate Petition in Surrogate’s Court. Notifying all heirs and distributes of the filing. Locate all missing heirs if any.…

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Issues Relating To Signing of A Will
The Law Office of Jeffrey L. Weinstein

In order for a Will or Codicil to be valid, the testator must sign the Will in the presence of two disinterested witnesses. There are cases wherein New York courts have described the procedure that must be followed for the testator’s signature to be deemed admissible. It is not sufficient that the witnesses know the…

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If You’re Living Separately, Get A Divorce
The Law Office of Jeffrey L. Weinstein

In this blog, we discuss the difficulties that may arise for children in inheritance matters when their mother has been estranged from her husband and does not get a divorce. We take the example of a couple, that was living separately without getting a divorce. They had been living separately and apart for the last…

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You can inherit airline miles!
The Law Office of Jeffrey L. Weinstein

When preparing a Last Will, anyone with a frequent flyer air miles account should include those miles as an asset that can be transferred upon death. As air fares continue to rise, your air miles account is a valuable asset not to be overlooked. Some airlines rules state that their miles are not transferable upon…

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