It doesn't seem like a correct statement of New York law. A bond provides security in case the administrator fails to collect or to pay over...

Yes, you can. A sufficient way to do this would be to leave it to her outright, naming only her. However, this would expose it to loss in a...

The structure/tool for this issue is generally called a "marital trust." It has important/useful features for estate tax purposes, but it can also...

On the facts you present here, EPTL 4-1.1 of New York law would distribute the whole of Karl's estate to the living issue of Karl's parents "by...

Based on the information you share, it seems likely that NYS laws on "intestate distribution" (who gets a decedent's property when they have no...

I think I am hearing two related-but-distinct questions: (i) can I remove the estranged child as "trustee" (the role of administering the...

Well, it's complex. The rule in NYS is that in the case of intestacy, equitable title vests immediately at death in the intestate takers (as in,...

The only thing to add to the good answers already provided is that the "right of election" may be waived in a prenuptial agreement (or any other...

Our estate lawyer is asking all brothers and sisters to sign for their estate checks prior to actually getting the check.

I think the answers above give a good overview of the issue. If you decide to sign the release, consider writing a cover letter confirming that...

Explain the differences between a non-revocable Trust and a "Living" Trust. What are the advantages and disadvantages of each?

A trust is a "living trust" if you set it up during your lifetime (unlike a "testamentary trust" set up by your will). I think you are asking...

Selected as the best answer