Intestate (Without a Will). Now What?

Intestate (Without a Will). Now What?

Dying Without a Will means Dying Intestate.  In New York, if you die without a Will, it means you have died “intestate.” Every state has laws that control who inherits property if no will exists. In New York, the law that controls who inherits in the absence of a Will...
Is my “No Contest” clause fullproof?

Is my “No Contest” clause fullproof?

My Will has a “No Contest” clause. Is it fullproof? A “No Contest” or “In Terrorem” clause is often thought of as a way of preventing a challenge to a Will. If properly drafted and used under the right circumstances, a “No Contest” clause can be advantageous and can...
What If Executor Steals from Estate?

What If Executor Steals from Estate?

What Happens if the Executor Steals From the Estate? An Executor of an estate must, among other things, collect the assets of the estate, pay any estate debts and taxes, pay the expenses associated with administering the estate (for example, legal fees associated with...
How Do I Get a Copy of the Trust?

How Do I Get a Copy of the Trust?

How Do I Get a Copy of the Trust? You recently learned that your parents created a trust. Your sibling is named the Trustee. Although you are not a Trustee, you strongly suspect that you are a beneficiary. Your parents never gave you a copy, or, even if they did, you...
File to Be Administrator of Estate

File to Be Administrator of Estate

File to Be Administrator of Estate When someone dies without a Will and leaves assets without a beneficiary designation, someone must file to administer the Estate.  An Administrator is the fiduciary of an estate of a decedent who died without a Will. In this post, we...