Category Archives: Wills,Trusts and Probate

Discussion related to wills, trusts, probate

How do I change my New York Will?

Clients frequently inquire about changing their wills after significant events in their lives such as marriage, birth of a child or death of a beneficiary. A person can change their will as long as they possess “testamentary capacity,” a legal … Continue reading

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What happens to my assets when I die in New York?

This question from clients is often accompanied by the question, “Do I need a will?” In order to answer these questions it’s necessary to discuss the various ways you can plan how your property will be distributed when you pass … Continue reading

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I have been served with a Citation stating that a relative’s will is being offered for probate in New York. Do I have to appear in Court?

I often get calls from people who have just had a process server hand them a document called a “Citation” stating that a Last Will and Testament of a deceased relative will be offered for probate in the Surrogates Court … Continue reading

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How can I avoid probate of a will in New York?

In a recent post I mentioned that the probate of a will in New York may often be delayed if an heir is not provided for in the will. In such a case, the law allows the heir the opportunity … Continue reading

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My Spouse recently passed away. Do I need to change my deed? What if we owned a cooperative apartment? Must I change my stock certificate?

When married couples purchase real property in New York State, such as a one-family home or condominium unit, they own it as “tenants-by-the-entirety.” The law provides that when one spouse dies, the surviving spouse is, by operation of law, the … Continue reading

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What Can Delay Probating a Will in New York?

In a recent post, I discussed the meaning of “Probating a Will” in New York State. If there are no complications, the process will typically result in the Court issuing Letters Testamentary in a few weeks, officially appointing the person … Continue reading

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What does it mean to “Probate a Will” ?

This is a  common question asked by clients.  “Probate” is the process by which the court, which in New York State is called the Surrogate’s Court, determines whether or not a document is a valid Last Will and Testament  of … Continue reading

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