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 Prior to the enactment of New York’s Right of Election law, a surviving spouse possessed outdated dower and curtesy…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,…
Unlocking the Benefits of Life Estate in Estate Planning
When discussing estate planning and Medicaid planning, the phrase “life estate” is sometimes mentioned, but what does it mean? A life estate is a form of joint ownership of a property that allows one person to remain in the home…
Are Your Rights as a Beneficiary Being Protected?
As a beneficiary of an estate or trust you have a legal right to information, even if you were not named as the fiduciary (executor or trustee of an estate). If you are a beneficiary who is not getting answers…
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…
A Guide to Avoiding Probate Litigation
Legal disputes over wills and trusts, guardianships, and conservatorships can affect the authenticity of gifts and the ownership of family homes and land. The most successful approach to mitigating or avoiding probate litigation is carefully planning for the future. Comprehensive…
What Should You Sign in a Probate of Will Proceeding
If you are a beneficiary of a trust or estate, or next-of-kin to a decedent whose estate is involved in a Surrogate’s Court probate proceeding, you should consult with a qualified attorney before signing any documents or waiving your rights…
What is My Trust Tax Identification Number (EIN)?
A trust identification number is essential for identifying a trust as a legal entity for tax purposes. Whether you’re establishing a revocable or irrevocable estate planning trust, having the correct trust identification number is crucial to properly manage your assets…
How Can I Avoid Probate Proceedings in Multiple States?
Many New Yorkers own real property in multiple states. It is common for a New York resident to own real property, such as a vacation home in a warmer location. In this situation, it is important to speak with a…