In the State of New York, the probate process is undertaken in the Surrogate’s Court before a Surrogate Judge. Surrogate’s Court also supervises estates called intestate estates, where a Will was not drafted by the decedent. There are a variety of documents the Surrogate’s Court requires to facilitate the probate process. The most important … [Read more...]
Document Executed in Hospital Not a Valid Will
In a matter which recently appeared before Surrogate John Czygier Jr. sitting in Suffolk County, the validity of a will was being questioned. A man was in the hospital. He wrote a one page document in his own hand and signed it before going into surgery. The document named his long time companion as executrix and gave her the large majority of … [Read more...]
Doctor Assisted Suicide
Attorneys for a group of terminally ill individuals have taken legal action to prevent prosecution of physicians who provide assistance in dying to terminally ill, mentally competent individuals. The attorneys have sued 5 district attorneys and the attorney general for the State of New York to stop them from prosecution of physicians who provide … [Read more...]
Do Your Debts Die With You?
To start with your debts don't die with you. They survive your death. If you have a Will the obligation to deal with your debts falls upon your executor after the Will is probated. If you have no Will an administration proceeding can be brought by the next of kin to appoint someone to handle your affairs. Most Americans Die with Debts If after … [Read more...]
Do It Yourself Estate Planning: A Big Mistake!
We live in the age of the internet. There are numerous websites that provide information with regard to preparing your own wills and trusts. Many of these self service legal websites have spent significant amounts of money advertising their services on the internet. They purport to provide you a way of one stop shopping in the area of estate … [Read more...]
Divorce’s Impact on Wills and Other Testamentary Devices
Let’s say you get divorced but you don’t modify your will or change your bank accounts. What happens at the time of your death if your ex-wife is the beneficiary of your will and other assets are held jointly with your ex-wife? New York State Law Under New York State Estate Powers and Trusts Law Section 5-1.4, unless a will expressly states … [Read more...]
Divorce Then Death
Surrogate Robert Gigante sitting in the Surrogate’s Court of Richmond County, New York, recently had an unusual case come before him. A husband and wife had been involved in a divorce lawsuit in the Supreme Court. The parties had entered into a stipulation of settlement. The stipulation provided that both parties released and discharged their … [Read more...]
DETAILS OF NEW GUARDIANSHIP LAW
On July 21, 2016 the New York State Legislature enacted a new guardianship law entitled “Peter Falk’s Law.” This new statute requires the court in issuing a guardianship order to consider the persons entitled to visitation with the incapacitated individual. It also takes into consideration those individuals who should be entitled to receive notice … [Read more...]
Decedent’s Sister Fails to Set Aside Will
Roosevelt, the sister of MacGuian, brought a proceeding in the Surrogate’s Court of New York County before Surrogate Rita Mella challenging a Will that MacGuian had executed in 2011. She claimed the Will, which was being submitted by the executor Eng, the decedent’s long time girlfriend, should not be accepted for probate. Roosevelt claimed the … [Read more...]
