The probate litigation process can be long, time-consuming, expensive and very public. Sometimes it can lead to contentious litigation that can rip apart families. In New York, depending on your estate planning goals, you very well could avoid probate entirely with a...
Probate
How do we solve our family’s dispute over our inheritance?
If you are an adult sibling who is unhappy with the way your parents’ estate was divided in their will, you may wonder if you have any legal recourse to challenge the will and get a fair share of the inheritance. Indeed, there are grounds for contesting a will in New...
What are my duties as a personal representative of an estate?
Being appointed a personal representative of someone’s estate in New York comes with many duties and responsibilities. If you have never served in this role before, you probably have many questions. Having accurate information and a clear understanding of what being a...
Top reasons for probate-related lawsuits
There are many reasons a probate proceeding can get tied up in a legal dispute. Families in New York who are wanting just to see their loved one’s estates wrapped up will probably want to see these types of disputes resolved and with as little cost to the estate as...
What is required for the court to allow probate to proceed?
In New York, when a person has a will, probate is a key part of the process of distributing their estate after they have died. It establishes that the will is valid and can be used to settle the decedent’s affairs. It also assesses the facts before allowing probate. A...
Voluntary Administration: A simpler alternative to probate
Sometimes a person in New York dies without much to their name. If so, their estate upon their death may qualify for the Voluntary Administration process, which is a quicker and simpler alternative to formal probate proceedings. What is Voluntary Administration? In...
Executors have many responsibilities when settling an estate
People often name close family members to be the executors of their estates. These are people they trust and love and not necessarily someone who has personal knowledge of the probate process. Executors have a very important responsibility for settling the estate in...
What happens to the vacation home in probate?
Your family may enjoy the vacation home over in Cape Cod, or perhaps even a beachfront property down in the Carolinas. Whether it is a place to vacation in the summer or to escape the New York winters, it may be a haven where your family gathers together. However,...
What are the responsibilities of an executor?
The executor of a will has several important responsibilities when enforcing a New Yorker’s will and administering an estate. In cases where a person dies without a will, the appropriate Surrogate’s Court will appoint an administrator of the estate. Although this...
What should you do if you can’t find your mother’s will?
The death of a mother or father is an emotional time for New York residents. Besides having to grieve their parent a child will also need to deal with their estate. This can be very complicated and if a child cannot find their parent’s will, it can make the probate...