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...]
Probate: How Does It Work?
Probate refers to a court supervised system that is set up to insure that wills presented are authentic, not obtained under fraud or duress, and properly prepared and executed. The property inherited through a will is subject to the probate process. There are other types of property that pass outside of a will. These assets are referred to as … [Read more...]
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...]
Should the Rich Pay More In Taxes?
Recent polls support the idea that the government should soak the rich for more taxes. More than 70% of the adults in the United States approve of increasing federal taxes on families who earn more than a quarter of a million dollars per year starting in 2013. More than half of the Republicans agree to the tax increase as well as more than three … [Read more...]
Easing Into Retirement
When Is The Right Time to Retire? It’s hard to say when it's right time to retire; however, it is easy to say it is the wrong time to retire. You shouldn’t retire unless you have sufficient funds to carry you through your golden years. In the past, most people retired in their sixties. With declining savings and living costs going up, many … [Read more...]
The Do’s and Don’ts of Estate Planning
Estate planning is a dry and dull subject. However, the family dynamics and transactions of celebrities bring issues involving estate planning before society as a whole. The deaths of Michael Jackson, Catherine Hepburn, singer Don Ho and the problems involved in their estates have been in the news in the past few years. The problems encountered by … [Read more...]
Fewer Family Practice Doctors
Fewer doctors in the United States are going into family practice. Solo medical practitioners involved in family practices are becoming scarcer. The American Academy of Family Physicians, in 1986, represented forty-four percent of the practicing doctors. As of 2008, only eighteen percent of practicing physicians are in family practice and that … [Read more...]
