Category Archives: Wills,Trusts and Probate
In a proceeding to probate a will in New York State, all the heirs of the deceased testator must consent to the will being admitted to probate or be served with a citation. The citation advises the heir that a … Continue reading
One of the most important decisions you will make when preparing your last will and testament is your choice of an Executor. An Executor is the person(s) or entity such as a trust company, who is responsible for seeing that … Continue reading
Executors of New York estates (and Administrators appointed when a person dies intestate, i.e. without a will) are entitled to receive a fee, called “commissions” to compensate them for their services provided to the estate. The law provides that commissions … Continue reading
Many people are aware that a married couple’s joint bank accounts and jointly owned real property passes by operation of law to the survivor upon a spouse’s death . In such cases, it is often unnecessary to probate a will … Continue reading
With the proliferation of computer software and websites promising to save you money by assisting you in preparing legal documents, naturally people wonder whether they need an attorney to prepare their last will and testament. Since you’re reading my legal … Continue reading
My Blog readers are invited to listen to an exclusive preview of my guest appearances on the weekly radio program “Law You Should Know” hosted by Kenneth J. Landau, Esq on WHPC 90.3 FM, streaming on www.ncc.edu/whpc. The first segment … Continue reading
Can I prevent someone I have disinherited from contesting my New York will by leaving them one dollar?
I have come across so many people who believe that you can prevent a will contest by leaving someone one dollar that I have to call this common misconception an Urban Myth. In New York State, if you do not … Continue reading
Clients frequently inquire about changing their wills after significant events in their lives such as marriage, birth of a child or death of a beneficiary. A person can change their will as long as they possess “testamentary capacity,” a legal … Continue reading
This question from clients is often accompanied by the question, “Do I need a will?” In order to answer these questions it’s necessary to discuss the various ways you can plan how your property will be distributed when you pass … Continue reading
I have been served with a Citation stating that a relative’s will is being offered for probate in New York. Do I have to appear in Court?
I often get calls from people who have just had a process server hand them a document called a “Citation” stating that a Last Will and Testament of a deceased relative will be offered for probate in the Surrogates Court … Continue reading