How to Determine if a Probate Estate Has Been Opened in New York
Detailed Answer When a person dies in New York State, their estate typically goes through probate in the Surrogate’s Court of the county where they resided. To determine if a probate estate has been opened for a decedent, follow these steps: Identify the Decedent’s Last Residence: Probate is generally filed in the county of the […]
Read article →What Information Is Needed to Request Estate Files from a County Probate Division in NY?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under New York law, most estate and probate records filed with a county Surrogate’s Court are public documents. You can request copies of wills, inventories, accountings, and other estate papers by providing specific details. The governing statute is SCPA […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in New York
Detailed Answer In New York, you can compel the production of estate records from third parties by using a court-ordered subpoena duces tecum. This process follows Article 23 of the Civil Practice Law and Rules (CPLR). Step 1: Confirm Your Standing Only parties in interest—such as executors, administrators, and beneficiaries—may request estate records in a […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds? (NY)
What Authorization Forms Must an Heir Sign to Direct Distribution of Real Property Sale Proceeds? Detailed Answer Under New York law, heirs rarely sign a single, standardized "distribution form." Instead, the closing attorney or title company typically collects several key authorizations to ensure clear title and proper routing of sale funds. If the property belongs […]
Read article →How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce?
How can a former spouse or survivor assert entitlement to surplus funds following the owner’s death or divorce? Detailed Answer When a property owner’s real estate is sold in a foreclosure or forced sale, any money remaining after paying the mortgage, liens, costs, and fees becomes surplus funds. In New York, a former spouse or […]
Read article →How to Distinguish Assets of a Deceased Person’s Estate from Corporate Assets in New York
How to Distinguish Assets of a Deceased Person’s Estate from Corporate Assets in New York Detailed Answer When someone dies in New York, their personal assets pass through probate or administration as part of their estate. At the same time, a corporation established by a relative remains a separate legal entity with its own property. […]
Read article →What options exist for selling or auctioning personal property to reimburse estate expenses and equalize distributions among heirs?
Detailed Answer Under New York law, an executor or administrator holds broad powers to sell personal property when needed to pay estate debts, cover administrative costs, or equalize shares among beneficiaries. These powers arise primarily from the Estates, Powers and Trusts Law (EPTL) and the Surrogate’s Court Procedure Act (SCPA). Executor and Administrator Powers EPTL […]
Read article →What rights does a life estate grant to a lifetime beneficiary and how is a remainder interest determined in New York?
Detailed Answer A life estate grants a person—called the life tenant—the right to use, occupy, and benefit from real property during his or her lifetime. The person who receives the property after the life tenant’s death holds the remainder interest, known as the remainderman. Under New York law, life estates and remainder interests fall under […]
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