A proceeding to probate a will was brought in Ulster County New York before Surrogate Sarah McGinty. The son who died was 48 years old. The attesting witnesses to the will were the chief beneficiaries of the will. Beneficiaries to a will cannot act as witnesses to the will. Therefore, under New York State law the bequests left to these 2 … [Read more...]
Photocopy of Will Admitted to Probate: Original Will Lost in Storm, Not Destroyed or Revoked by Testate
In a case before Surrogate's Court Judge Peter Kelly in Queens County, the children of decedent sought to probate a photocopy of a will. A hearing was held before Surrogate Peter Kelly as to whether a photocopy of a lost will could be submitted to probate. The general rule with regard to lost wills is there is a presumption the person who made out … [Read more...]
Probating a Will in New York
Protecting Beneficiary Rights
A family member of yours has died. You are now wondering whether you are going to inherit from this individual. What do you do to protect your rights? The laws in the State of New York protect the rights of beneficiaries. If the beneficiary's rights are violated he or she can take the appropriate legal action to see to it they receive the … [Read more...]
Administrator of Estate Removed
In a case before Surrogate Melinda Malaze-Gonzalez, who sits in Bronx County New York, a son who was co-administrator of an estate asked the court to remove letters of administration issued to his sister, the decedent's daughter. It should be noted the co-administrators were the brother and sister and the sole beneficiaries of the estate. The … [Read more...]
What is Probate?
Probating a will means bringing an action in the Surrogate's Court in the county where the individual died to establish the validity of a decedent's will. The probate process involves the distribution of the estate assets pursuant to the terms of the Last Will and Testament of the decedent. The probate process in New York is not a simple process. … [Read more...]
