How Can Estate Expenses and Ongoing Bills Be Managed During Probate in NY?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer During probate in New York, the personal representative (executor or administrator) must manage estate assets, pay debts and ongoing bills, and maintain detailed records. Below is a step-by-step guide under New York law. 1. Secure Court Authorization File a […]
Read article →How Can a Beneficiary Compel an Estate Administrator to Distribute an Inheritance Share in New York?
New York Detailed Answer This article explains how a beneficiary can force an estate administrator to distribute an inheritance share under New York law. It covers key steps, statutory rights, and court procedures. Disclaimer: This is not legal advice. Consult a qualified attorney for guidance on your situation. 1. Confirm Your Status and Review the […]
Read article →How Does Intestate Succession Work in New York When a Decedent Dies With No Spouse and Two Children?
Detailed Answer: Intestate Succession in New York Without a Spouse When someone dies without a valid will in New York, their estate passes under the intestacy rules in Estates, Powers & Trusts Law (EPTL) Article 4. If the decedent has no surviving spouse but leaves behind two children, the entire estate goes to those children […]
Read article →How does intestate succession work in New York when there is no will, no spouse, and three children?
How Intestate Succession Works in New York with No Spouse and Three Children Disclaimer: This article is for general informational purposes and does not constitute legal advice. For guidance specific to your situation, consult a qualified attorney. Detailed Answer 1. What Is Intestate Succession? Intestate succession occurs when someone dies without a valid will. New […]
Read article →How Does Title Transfer for an Inherited Home When There Is No Will and Multiple Heirs in NY?
Detailed Answer 1. Determining Intestacy and Identifying Heirs When an individual dies without a will (intestate) in New York, the Estates, Powers & Trusts Law (EPTL) dictates who inherits real property. Under EPTL §4-1.1 and §4-1.2, if a decedent leaves a surviving spouse and children, the spouse receives the first $50,000 plus half of the […]
Read article →How to apply for a Medicaid hardship waiver to protect inherited property from estate recovery claims in New York
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer New York’s Medicaid Estate Recovery Program seeks repayment from the estates of Medicaid recipients aged 55 or older. If you inherit property that the state targets for recovery, you may qualify for a hardship waiver under Social Services Law […]
Read article →Can I appeal a probate court decision removing a personal representative in New York?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. 1. Statutory Basis for Removal Under New York's Surrogate’s Court Procedure Act (SCPA), the court may remove a personal representative for cause. See SCPA §707. Common grounds include misconduct, neglect of duty, or conflict of interest. 2. Right of […]
Read article →How Do I Determine Who the Intestate Heirs Are of My Father's Estate in New York?
Detailed Answer When a person dies without a valid will in New York (intestate), New York’s Estates, Powers & Trusts Law (EPTL) governs estate distribution. The court appoints a personal representative and distributes assets to heirs as defined by statute. 1. Understand Intestacy Under EPTL EPTL § 4-1.1 (https://www.nysenate.gov/legislation/laws/EPT/4-1.1) sets the general order of distribution. […]
Read article →Does the Personal Representative Have to Provide Me a Copy of the Accounting in New York?
Detailed Answer Disclaimer: This article provides general information and is not legal advice. Consult an attorney for advice about your situation. Under New York law, a personal representative (also called an executor) must prepare and file an accounting of estate transactions when required by the Surrogate’s Court or upon request by an interested party. The […]
Read article →How to Determine What Assets Remain in an Estate After Paying Debts and Fees in New York
Detailed Answer When a person dies in New York, their estate must go through a process to settle debts, taxes and administrative fees before any assets pass to beneficiaries. The remaining assets—known as the “residue”—reflect what’s left after all obligations are paid. Below is a step-by-step overview under New York law. Compile an Inventory and […]
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