Under New York law, there are multiple ways to revoke a will. The testator can execute a document clearly indicating an intention to revoke the will. The testator can intentionally destroy the will by ripping it up, burning it, or another action of destruction. Or, the testator can execute a…
During estate administration, a major responsibility of a personal representative is to identify, secure, and inventory estate assets. In some instances, a turnover proceeding is required to ensure that all assets that are part of the estate are accounted for. A turnover proceeding is a legal proceeding that occurs during…
In the process of estate administration, when there is a disagreement about who has title to property or there has been a theft of assets, the executor of an estate can initiate a turnover proceeding to get more information and to recover property that belongs to the estate. SCPA §…
Under New York law, when a child dies, typically their parents are their next of kin and are entitled to share in their intestate estate. However, a parent can be disqualified from inheriting from the child’s estate under two conditions: if the parent abandoned the child before their 21st birthday…
Under New York law, when a child dies, a parent can be disqualified from inheriting from the child’s estate under two conditions. First, the parent can be disqualified if the parent did not provide support to the child as when the child was under the age of 21. Second, the…
New York law provides that a parent would not be entitled to share in the intestate estate of their minor child if the parent did not support the child during their life or if the parent abandoned the child. EPTL §4-1.4(a). In In the Matter of Estate of Ball, the…
In New York a construction proceeding involves a petitioner asking the Surrogate’s Court to interpret language in a will or trust that is unclear. The language may be open to conflicting interpretations, the language may be inconsistent with other terms of the will, or the language simply might not make…
Once an administrator has been appointed, SCPA § 711 provides that they can be removed or suspend under specific circumstances. In In re Matter of Estate of Corey, the Surrogate’s Court was to remove an administrator because he allegedly exceeded the scope of his fiduciary duties and responsibilities. Background The…
New York law provides that a parent can be disqualified for receiving death benefits of their minor child for two reasons: for failing to support the child, or for abandoning the child. EPTL §4-1.4. In In re Lee, probate litigation was initiated requiring the Surrogate’s Court of New York County…
In this case, the Appellate Division, Second Department, considered whether the Surrogate’s Court of Kings County erred in granting summary judgment dismissing the objectant’s objections and admitting the decedent’s will to probate. Background The decedent died on May 20, 2014 leaving a will dated March 28, 2014. The petitioner filed…