Articles Posted in Probate Law

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.…

Whether a family member dies with or without a Last Will & Testament, all interested parties must be located and notified of the decedent’s passing.Interested parties consist of all the heirs named in the Will or all distributees of the Estate. A distributee is a family member of the deceased who would inherit if there…

There are 3 basic options for estate planning. Two require the assistance of an attorney. One only requires a checkbook and a pen Prepare a Last Will and Testament and leave your property outright to your heirs in a will. Prepare an Irrevocable Trust: your funds go into the Trust and are distributed over time…

Neither physical injury, illness nor old age alone are considered by courts to be incompatible with testamentary capacity. The question in each case is the degree to which the decedent’s understanding and decision-making were affected, which must be determined on the facts of each case. “Advanced age is ordinarily accompanied by impairment of the physical…

In the case Estate of Torleiv Larsen, 2016 NYLJ (Richmond County Surrogate Court) Alexander James Larsen, decedent’s grandson and sole distributee, sought to admit a document purporting to be decedent’s will. The document had sustained water damage and the signatures of decedent and attesting witnesses were wiped away. The question before the court was whether…

Each year, it is increasingly common to see claims filed against an estate. This is because many people write their wills and trusts without a knowledgeable estate planning attorney present to help. It may also be due to increasing financial struggles and changing family dynamics. If someone is making a claim against an estate that…

This one is a bit old, but it came across our digital transom and we thought it was interesting enough to blog about. Ohioan Donald E. Miller Jr wanted to get a new driver’s license and re-activate his Social Security number, but there was one minor issue that prevented him from doing it. He was…

Let’s begin with some definitions. When someone dies with a will, the process is called Probate. The individual entrusted with administering the estate is the Executor named in the Will. If one dies without a will the process is called Administration. The person entrusted with administering the estate is called the Administrator. Since no written…

In the process of making plans to protect one’s family and loved ones upon one’s death, many people have chosen a living trust. Also known as an inter vivos (Latin for “within one’s life”), this type of trust is very flexible.This type of trust is distinguished form a testamentary trust, which is created by a…

The website Daily Finance reports The newly released 2011 EZLaw Wills & Estate Planning survey shows a fairly significant disconnect between our ideals and our actions when it comes to preparing for our deaths. While 60% of those surveyed said they believe all adults should have estate plans, only 44% said they have one. Read…