Weinstein & Randisi
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Estate Administration Archives

Understanding fiduciary responsibilities after a person's death

The responsibilities of a fiduciary in New York should be taken seriously after a person's death. Estate administration has certain requirements based on the estate plan and the fiduciary plays a critical role. There are numerous terms that could be applicable, depending on the circumstances. Understanding these and the duties and responsibilities of the fiduciary can be complicated. A lawyer can be of assistance with estate administration.

When is a surviving spouse disqualified as an heir?

In New York, when a person dies, it does not necessarily mean that the surviving spouse is automatically able to receive the proceeds of his or her estate. This is particularly important if the person died intestate. Not having an estate plan could lead to litigation among the heirs. Of course, it is advisable for everyone to formulate a comprehensive estate plan so there is no confusion at the time of death, but if there is not one, it is important to know when a spouse can be disqualified under state law.

What is estate administration after intestacy in New York?

Not everyone in New York takes the necessary steps to have an estate plan. There can be many reasons for this, but, regardless of why it happened, it is important for the family left behind to know how the law handles intestacy. After the person has died, there will be an estate administration proceeding. Knowing the basics of this is imperative as the family deals with the decedent's estate.

What makes a will valid when it is nuncupative or holographic?

A common topic for dispute of an estate plan in New York is whether the document is valid or not because of the way it was formulated. Not everyone has the time to take the necessary steps to have a conventionally valid will. However, those who do not can still create an estate plan that will address their property after they are gone. Knowing how to create a will without going through the commonly known means is imperative for many people.

What should I know about probate in New York?

The death of a loved one is a difficult situation to deal with for people throughout New York. One issue that many do not want to think about is how the decedent's assets will be handled after they have died. But, the distribution of assets and probate administration is an important part of wrapping up the person's affairs. Understanding probate is a key part of that and should not be ignored.

How are assets divided when one dies without a will in New York?

For people in New York who have not yet moved forward with estate planning or have a loved one who died without a will, it is important to know what will happen. For those with significant assets or limited assets, it is wise to think about a basic estate plan, regardless of the circumstances. If there was no will, the heirs should have legal help as well.

How is property distributed if there is no will?

When a person dies in New York, many heirs are surprised to find that the person did not leave a valid will. This is known as a dying intestate. Intestacy can be a problem for heirs as they will not get certain items from the estate they might have been promised or were expecting. There are certain laws in the state that will be adhered to if there was not a will. While this is not an ideal situation, it is important to understand what the law says and have legal assistance throughout the process.

Legal help with estate administration after a loved one's death

New Yorkers who are tasked with handling the estate administration of a loved one must know what they are dealing with. This is true with trust administration and estate administration. Since the issues surrounding these issues can be so complicated, having legal assistance is a must from the beginning of the process.

Key points to remember with estate administration

When a person is estate planning in New York, one of the most important aspects of the process is selecting the right person for the job of executor. It is not a simple responsibility and there are numerous traps involved with estate administration. The basics of estate administration include distributing the assets, adhering to the desires laid out in the will, and paying taxes. Executors are prone to certain mistakes that should be factored in from the time the estate plan is crafted. Knowing what to watch out for is key.

Understanding the consequences of dying without a valid will

Residents of New York might know that they should take the necessary steps to create an estate plan such as having a will. For all the good intentions that go along with will planning, it might be put off until later, repeatedly. Procrastination is a profound negative as failure to prepare for the inevitable future and not having a will can cause major problems for the loved ones after the person's death. There are multiple issues when a person dies without a will. Knowing and understanding the consequences should lead to a change of plans and the decision to create even a basic will.

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Weinstein & Randisi
290 Linden Oaks, Ste. 200
Rochester, NY 14625

Toll Free: 800-768-1780
Phone: 585-310-1578
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