Appointment of an Administrator
Apr 06, 2020
When a person does their estate planning, he or she will typically prepare a Last Will and Testament. A Will contains a provision that nominates an Executor. Since there is a nominated executor, typic...
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Estate and Gift Tax Update for 2020
Feb 24, 2020
The Tax Cuts and Jobs Act (the "Act") increased the federal estate tax exclusion amount for decedents dying in years 2018 to 2025. The act is set to sunset on December 31, 2025. The exclusion amount i...
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Small Estate Proceeding
Feb 24, 2020
Question: My father died without a Will leaving only a checking account in his sole name with a balance of $35,000. My brother and I are his only heirs. I have heard that there is a proceeding in the ...
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Removal of a Fiduciary, It’s Not as Easy as You May Think
Oct 07, 2019
If you are the beneficiary of an estate or trust and you think that the fiduciary or person in charge is not meeting their obligations, there are procedures in which they can be removed. Surrogate’s C...
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Disqualification of Nominated Executor
Sep 18, 2019
My father recently passed away. I have one brother and one sister. The will divides the assets equally among the three of us. My father’s will has nominated my sister as Executor. She declared bankrup...
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Compelling a Fiduciary to Account an Estate
Aug 07, 2019
Q: My brother is the Executor of my mother’s estate. It has been three years since she died, and he has not distributed anything. What do you recommend I do? How to Demand an Accounting I recommend th...
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Consenting to the Probate of a Will
Jun 05, 2019
Q: My mother recently passed away and I received something in the mail called a "Waiver of Process; Consent to Probate", what does this document mean? What Does Probating a Will Mean? You received thi...
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Estate Closure and Fiduciary Liability
Apr 03, 2019
Q: I am the Executor of my mother’s estate. I have paid all of the bills and filed the final income tax return and am ready to close the estate. How should I proceed? Accounting In order to close the ...
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Guardianship Options
Feb 27, 2019
In New York State, when a person turns eighteen, they are presumed to be legally competent to make decision for themselves. However, if a person is intellectually disabled or developmentally disabled,...
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Guardianship Article 17-A vs. Article 81
Feb 22, 2019
In New York State, when a person turns eighteen, they are presumed to be legally competent to make decision for themselves. However, if a person is intellectually disabled or developmentally disabled,...
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