Article 81 of the New York Mental Hygiene Law (MHL) contains the provisions concerning the appointment of a Guardian for an individual. There are basically two types of Guardians – a Guardian for Personal Needs and a Guardian for Property
The New York Probate Lawyer Blog has published many articles about administering a New York Estate. At the commencement of administration, an essential issue is whether a decedent had executed a Last Will and Testament, or whether he died
There are many issues that arise concerning identifying the next of kin of a decedent. These issues arise in different contexts. If a decedent died and left a Last Will and Testament, the probate process requires that all of
Disputes arise all of the time following the death of a decedent. These matters can take many different forms. If a decedent left a Last Will and Testament issues may exist as to whether the Will is valid. There may
The New York Probate Lawyer Blog has published numerous articles concerning all aspects of probate, administration and Surrogate’s Court and estate matters. Most recently, an article was published on October 8, 2024 entitled “A Compulsory Accounting May Be Required
As previously discussed in this blog, there are many instances in which the Surrogate’s Court may appoint a fiduciary. Surrogate’s Court Procedure Act (SCPA) Section 103(21) includes among its definition of “fiduciary” an administrator, temporary administrator, executor, preliminary executor, and
There are numerous occasions where the Surrogate’s Court appoints a fiduciary to oversee an estate or a trust. With regard to an estate, the Court may need to appoint an executor or a preliminary executor in the case of a
Article 81 of the New York Mental Hygiene Law contains the provisions for the appointment of a Guardian. Guardianship can involve an appointment for personal needs such as health care or living environment. There is also a Guardianship for property
New York estate settlement often involves many different issues and concerns. In the first instance, after a person’s death, there is a need for the appointment of an executor or administrator. The procedure which needs to be followed in
The function of estate planning in New York is to provide documents which reflect the intentions of the creator. Estate planning is a broad topic which in general may encompass many types of objectives. In its purest form, an estate
