To Probate or to Not Probate
May 01, 2017
While recently discussing an estate plan with a client, she stopped me and asked "What is probate?" Sometimes we forget to explain certain concepts. Essentially, probate is a Surrogate’s Court proceed...
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Inventory of Assets
Apr 12, 2017
The Inventory of Assets is a form that is required by the Surrogate’s Court. The Inventory of Assets must be completed and furnished to the Court by the fiduciary of the estate. Alternatively, at the ...
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Who is Responsible for an Estate’s Debts?
Mar 06, 2017
The deceased person's Estate is responsible to pay creditors with the assets remaining in the estate. Creditors are paid in accordance with priorities established by New York State law. Order of Credi...
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Small Estate Proceedings
Jan 27, 2017
It is important to note that not all estates require a full probate or administration proceeding. The small estate also known as a voluntary administration proceeding is a simplified Surrogate’s Court...
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In Terrorem Clauses
Dec 07, 2016
In Terrorem is a term derived from Latin which translates to "in fear". An In Terrorem provision in a Decedent’s Last Will and Testament "threatens" that if a beneficiary challenges the Will then the ...
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What is an Executor?
Oct 03, 2016
The Executor of an Estate is the individual named by the Decedent in his or her Last Will and Testament to act on behalf of the Estate. The Executor is entrusted with the responsibility of making sure...
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