A New York spouse who is legally married to a decedent at the time of his or her death has a right to inherit an “elective” share of the assets. If the decedent dies without a will and without children, the surviving spouse is entitled to the entire estate. If there is no will but […]
Category Archives: Probate & Wills
07
Nov
Nov
Yes. A lost or destroyed will may be admitted to probate pursuant to New York Surrogates Court Procedure Act (SCPA) 1407 only if: It is established that the will has not been revoked, and Execution of the will is proved in the manner required for the probate of an existing will, and All of the […]
20
Apr
Apr
Based on serious allegations of bias and discrimination, confirmed by an investigation by the New York Inspector General, King’s County (Brooklyn)Surrogate Court Judge Harriet Thompson was suspended from handling cases, effective December 17, 2021. Court system officials referred her matter was to the State Commission on Judicial Conduct for further action. She was relieved of her judicial duties, her […]
04
Feb
Feb
New York adheres to the “place of celebration” rule, which recognizes a valid marriage outside of New York state. In Estate of Semone Grossman v. Commissioner, T.C. Memo 2021-65 (May 27, 2021) a religious divorce under Jewish law (a Get) granted in New York and presented in Israel allowed the parties to be married under […]
The steps to probate or administer an estate yourself without a New York estate lawyer are: STEP #1: Read the free NY Executor’s Legal Survival Guide: to learn the duties as a NY executor or administrator. STEP #2: Find information about the New York Surrogate’s Court in the county where the person died. STEP #3 […]
12
Nov
Nov
A copy of a lost or destroyed will may be admitted to probate only where: (1) it is established that the will has not been revoked; (2) execution of the instrument is proved in the manner required for the probate of an existing will; and, (3) all of the provisions of the will are clearly […]
15
May
May
As New York State remains at the epicenter of the COVID-19 pandemic, the New York Surrogate’s Courts, which operate in each of New York’s 62 counties and handle the administration of estates, are preparing for the influx of Coronavirus-related estate matters. Effective Monday, May 18, 2020 new, uncontested estate cases involving individuals who passed away […]
20
Apr
Apr
Do you have questions about preparing a will? In this article, our experienced Rochester estate planning attorney, Robert Friedman, discusses what you should be aware of and why hiring a lawyer is your best bet. Contact our office today if you have any further questions. Can I Write My Own Will? We are often asked […]