What Happens If You Can’t Locate a Will?
So you spend the time and money to carefully plan out your estate and you prepare and execute a will that ensures that your property goes exactly where you want it to. Once you've made it official, you put the original copy of your last will and testament with your...
A Fiduciary’s Duty to Seek Out and Collect Estate Assets
Under New York law, when you have been named as executor or administrator of the estate of another person, you assume certain "fiduciary" duties, requiring that you act in the best interests of the estate and its beneficiaries. One of the most important duties is the...
“No Contest” Provision in Will May Be Contested
A will contest can be an expensive and time-consuming process. While the will contest is in process, beneficiaries will have no access to estate assets. Unfortunately, will contests can often be used to wrongfully gain leverage against other beneficiaries. As a...
The Right to Discovery in Probate Litigation
When someone dies with a will in New York State, that person's estate must generally be "settled" through filings and proceedings overseen by the probate court. Referred to as probate, this process can often be done without the need for litigation. However, when there...
Videotaping the Execution of a Will
Execution of A Will It's not uncommon, in New York and other jurisdictions, for dispossessed or unhappy heirs to allege that a will was executed under duress or undue influence. What if you videotape the execution of the will, so that there's visual evidence to...
Matter of Van Patten—Representation by Counsel
If I am an executor, administrator or trustee, do I need an attorney and who pays for it? Why spend the money? The answer is that you should. Since the duties of a fiduciary involve actions that required legal counsel, any non-attorney executor (or fiduciary) who...
An Executor’s Fiduciary Duty to Determine Fair Market Value of Property
Under the estate laws in New York, a person named in a will as an executor has certain "fiduciary duties." A fiduciary duty is essentially the requirement to act in the best interest of another party. The fiduciary duty owed by an executor is the duty to act in the...
The Impact of Undue Influence on Wills and Property Transfers
One of the more common allegations in estate litigation is the assertion that someone exerted undue influence on a decedent, either causing the decedent to transfer property before death to that person or to change a will or trust the benefit of the undue influencer....
What to Do When a Loved One Dies
When a loved one dies, the emotions you experience can paralyze you, causing you to neglect to handle some of the most basic tasks. That can complicate matters significantly.
Here’s a checklist of the steps you need to take following the passing of a loved one:
Protecting Your Right as a Spouse in a New York Estate
A Spouse's Right of Inheritance in New York Under New York law, when a married person dies, the surviving spouse has a "right of election," a statutory right to receive either $50,000 plus 1/3rd of the estate, whichever is larger. However, as set forth in an opinion...
Contact the Law Office of Bonnie Lawston
Bonnie Lawston dedicates her practice to making the job of the Executor, Administrator, Trustee and Probate or Administration process easy for you. Whether you are a fiduciary, beneficiary or heir, we can help you, protect your interests and maximize your inheritance. The firm has represented individuals throughout the United States and in New York, throughout long island including but not limited to Huntington, Melville, Syosset, Sag Harbor, Garden City, Mineola, Bayshore, Dix Hills, Oyster Bay, Belle Terre, East Norwich, Muttontown, Cold Spring Harbor, Huntington Bay, Lloyd Harbor, Pt. Jefferson, Pt. Washington, Glen Head, Glen Cove, Bayville, South Hampton, Hampton Bays, to name a few, in matters dealing with Estate and Probate administration. For more information, contact Law Office of Bonnie Lawston at 631-425-7299 for a free consultation.