Articles Posted in Probate Law

In New York State, probate can take from 7-9 months. While that can seem like an eternity, in Ireland it can take up to 16 months. A recent report by the life insurance company, Royal London found crippling delays in the Irish probate process which have caused financial hardships on many families. This delay can…

A son suspected of stabbing to death his mother and sister at their $2 million home had been cut out of the family’s fortune just weeks earlier.The son, Joshua Cohen, 27, was arrested on Saturday after his mother Leah, 66, and sister Hannah, 33 were found murdered in their home London last Friday. Police described…

The biggest problem confronting executors and administrator is locating missing assets.All searches can be broken down three (3) categories: (A) Direct searches (B) Professional searches (C) Private investigator searches. A. The direct search consists of: Searching the decedent’s papers, bank records and safe deposit box. Today you will need a court order to search a…

When making plans to secure assets for loved ones after death, it is important to know what processes your property are subject to, and how you can take control of your property now so as to have it distributed upon your death in a manner you prefer. To begin with, there are a few terms…

If you recently lost a loved one and need to probate their estate or you are ready to establish an estate plan, you need to find a good probate lawyer, someone you can trust. The internet is a good place to start. But how do you select the right estate attorney from the listings? Here…

A law enacted in 2015 by the New York State Legislature overturns an Appeals Court decision upholding the denial of benefits to the widow of a State Police Officer. The law was signed by Governor Cuomo. It was specifically designed for one specific case. On December 7, 2009, seven minutes after State Trooper investigator Richard…

An article over at marketwatch.com reports says-sex couples are less likely to save for retirement than the rest of the population. They cite a recent Prudential LGBT Financial Experience report which found most LGBT couples are more likely to call themselves spenders than savers. The report found, that compared to the population at large, fewer…

After many years as a probate lawyer, here are some of the most frequently asked questions: 1. Can a copy of a WILL be probated? Generally, only the original WILL may be probated. However, if it can be proven that the original WILL was never revoked and was destroyed AFTER the death of the decedent,…

Not all family members may become an administrator of a decedent’s estate. The general rule is that a surviving spouse has first priority, followed by surviving adult children. A common law spouse does not have an automatic right to become an administrator. However, he/she can be appointed as the administrator after the consent of the…

The executor’s (or administrator’s) primary duty is to liquidate the estate’s assets and distribute money to all beneficiaries named in the will or to distributees if there was no will. There are ways to legally compel an executor to act: After a reasonable time (6-9 months) you can demand that the executor provide an accounting…