What is a Kinship Proceeding?
In New York, if an individual passes away without a Last Will and Testament, or if the will is determined to be invalid, then the decedent’s assets are subject to the state laws of intestacy. Any assets held in the…
Surviving Spouse Rights: FAQs Explained
The Right of Election of a surviving spouse of a New York decedent has been in existence since September 1, 1930. Prior to the enactment of New York’s Right of Election law, a surviving spouse possessed outdated dower and curtesy…
Changes to New York’s Small Estates Law
Senate Bill S4951A effectively amended the Surrogate’s Court Procedure Act (SCPA) § 1301 to increase the gross value of a “small estate” to $50,000. This change applied to estate administration actions and proceedings that began on or after November 25,…
Seven Months: A Misunderstood Deadline in Estate Administration
There is a widely held belief that during the estate administration process, a creditor must file a claim against an estate within seven months after issuing letters by the Surrogate's Court. This is a misinterpretation of the Surrogate's Court Procedure…
Selling Real Property: Key Factors to Consider for Executors
If you are an estate trustee managing a trust or an executor of an estate that owns real property, you may need to sell the real property throughout the course of trust or estate administration. Before moving forward with the…
What Happens to My Car When I Die?
A family member’s passing is a difficult time that leads the family to question, among other things, what to do with their car. The decedent’s car is part of their estate and the estate administration process, requiring action by the…