In a recent case the administrator of an estate tried to probate a copy of a decedent's will. The son challenged the probating of a copy of the will. The court rendered a ruling there is a presumption that a will in the possession of a decedent which cannot be found after his or her death was destroyed by the decedent. New York Regarding Missing … [Read more...]
Legal Action to Disqualify Mother from Inheriting from her Dead Son
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...]
Preparing a Will in New York
A simple will can be a very basic estate planning document. However the preparation and execution of a simple will in the State of New York requires very specific execution formalities. These execution formalities are so specific and detailed that it is essentially never recommended for a person to prepare and execute a will without the help of … [Read more...]
Probating a Will in New York
Donative Intent Established Pursuant to Transfer Documents and Deed
In a case before Surrogate Peter Kelly, sitting in Queens County, a son named Charles was appointed a limited administrator. He was authorized to bring an inquiry regarding his brother John's actions and the return to the estate of real estate titled in John's name. The decedent died in 2018 leaving 5 children. John took action to have his brother … [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...]
Contesting A Will
There are a variety of reasons or grounds to contest a will. Will contests often take place when there are blended families. Second families as a result of second marriages often complicate issues in estates. Wills Need to be Properly Executed New York has very specific requirements with regard to the preparation and execution of a will. The … [Read more...]
Executor Removed
In a case before Surrogate John Czygier, Jr. who sits in Suffolk County a proceeding was brought by the brother of the named fiduciary in an estate. The decedent’s brother was the executor on the estate. The petition sought to remove the brother and to have him appointed as the successor executor to his brother. The allegations were his … [Read more...]
Can a Copy of a Lost Will be Probated
Original wills should be carefully preserved and maintained. The attorney who drafts the will usually will maintain the will in either a safe or fire proof file cabinet. However there are occasions when wills are lost or accidentally destroyed. When a will is destroyed or lost it is presumed that this action was taken by the testator (person … [Read more...]
BROTHER’S CHALLENGE TO WILL DISMISSED
Surrogate Norm Norah sitting in Manhattan Surrogates Court recently had a case before her where a brother objected to being disinherited in a will. In this case the decedent's brothers challenged the probate of the will. The two brothers were the sole blood relatives of the decedent sister. However, the sister had disinherited them in her will … [Read more...]
