Surrogate’s Court Procedure Act
Nov 16, 2018
The purpose of the Waiver of Process or theConsent to Probate is twofold. First, by signing the Waiver you are consenting to the Will being admitted to Probate. Second, you are consenting to your sist...
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Inheritance
Oct 24, 2018
Inheritance is the practice of passing property upon the death of a decedent. The rules of inheritance differ from state to state. Disinheritance in New York State In New York, a decedent generally ca...
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Right of Sepulcher
Sep 07, 2018
The right of sepulcher is common law in New York State and prescribes the right to choose and control the burial, cremation, or other final disposition of a deceased person. History In fact, the right...
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Executor Commissions in New York
Jun 01, 2018
To begin, it is important to understand the functions of an Executor. The Executor will be required to perform duties which will depend upon, and be specific to, the respective estate. Some of these...
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Preliminary Executor
Feb 23, 2018
Probate is a Surrogate’s Court proceeding whereby a decedent’s Last Will and Testament is given effect. Under New York State Law, a Will is admitted to probate after the nominated Executor files a Pet...
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Estate Accountings
Jan 12, 2018
There are many steps and layers associated with the administration of an estate. Ultimately, for most estates, the goal is to distribute the assets to the respective beneficiaries which are named in t...
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Contesting a Will
Nov 13, 2017
There are certain individuals who have the right to contest your Will even if they are specifically disinherited, whether or not they are named as a beneficiary under your Will or if they were left wi...
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Probate a Will
Oct 02, 2017
To begin, it is important to understand what it means to probate a Will. Probate is the court process whereby a Will is "proved" and accepted by the Surrogate’s Court as a valid document that is the t...
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Probate Estate vs. Gross Estate
Aug 07, 2017
What is the difference between your gross taxable estate and your probate estate? Gross Estate Your "gross taxable estate" consists of the assets which you have an interest in at death, even if the as...
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Will Disinheritance
Jun 12, 2017
In New York, a decedent generally cannot disinherit his spouse. This principle is governed by Estates, Powers and Trusts Law Section 5-1.1-A (Right of Election by Surviving Spouse) and requires that t...
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