Why did I get served with a Citation from the Surrogate's Court?
Apr 29, 2020
A Citation from the Surrogate;s Court is similar to a subpoena in any court. If you were served with one, this is because you have rights to object to the relief sought by the Petitioner (what the Sur...
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Health Care Advance Directives
Apr 27, 2020
I have always placed a high value on Health Care Advance Directives and now during this crisis feel even more strongly. It is important to make these decisions when you are well enough to discuss your...
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Spouses and a will
May 23, 2011
If you are married, your spouse cannot disinherit you, unless you waive the right of election, fail to claim it, or the court deems that your conduct disqualifies you (very rare). NY law applies if the...
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The Executor Stole Estate Property
May 10, 2011
What is your legal relief when the Executor stole estate property?
Your legal relief is to bring a petition tocompel a turnover proceeding. This type of proceeding can be brought in connection with an ...
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When Do I become the executor?
Apr 27, 2011
First, a personal can only petition the court to be named executor after the testator (the person who wrote the will) has died. A person only becomes an executor under a will when the Surrogate's Cour...
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Finding a will
Apr 26, 2011
What happens when a decedent dies and there is no will "found"? There is no master directory of wills and in New York testators don't record wills. So, how do you find the will? Sometimes, a testato...
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Difference of a Co-op and Condo?
Apr 24, 2011
In New York, a hot topic for people potential purchasers is what is the difference between a co-op and a condo. A co-op is a share of stock. It is not an ownership of real property, it is an ownershi...
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Ancillary Probate
Apr 21, 2011
What happens if a decedent dies as a NY domiciliary, but owns real propertyout of state?The property that is owned in NY would behandled by a normalprobate, administration, or the like. However, realpr...
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Understanding Trusts
Apr 19, 2011
A trust is a legal document. All trusts must be written on paper. There are many categories of trust. A "testamentary trust" is a trust that is established under a will and only comes into effect u...
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Estate planning - do I need a will?
Apr 15, 2011
Yes. That is the answer. Not everyone needs the same type of will with the same level of complexity, but everyone should have one. Why? Everyone has something that needs to be administered - even i...
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