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Court Limits Scope of Release Involving Estate and Trust Accounting
It's pretty common procedure for a fiduciary to a trust to obtain a release, with the objective of waiving the fiduciary's obligation to provide an accounting of the assets of the estate and trust. A recent opinion from the Surrogate Court in New York County casts...
Keeping Your Ex Spouse from Being Administrator of Your Estate
In most situations, the last person you would want to give the authority to administer your estate would be a former spouse. In fact, to avoid such a contingency, it's a fairly common practice for parties to a divorce to include language in the divorce decree...
“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...
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...
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:
Ancillary Proceedings
Probate & Estate Administration (Will)
Inheritance Rights
Estate Administration & Trust Litigation
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