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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...

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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...

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Probate Assets – What are they?

Probate assets are Assets that do not Pass by Beneficiary Designation or Operation of Law. Consider the following example: Gretta died in February 2019 domiciled in Brooklyn and survived by her three children. She had a last Will and Testament that named her daughter,...

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New York Power of Attorney

What is a New York Power of Attorney? A New York Power of Attorney is part of the Advance Directives packet.  A New York Power of Attorney is a document that allows you to designate one or more individuals to manage your financial transactions during your lifetime....

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Prove Kinship in NYC

How to Prove Kinship in NYC. In NYC, it is important to prove kinship when you want to inherit from a distant relative, such as a cousin. Consider the following example: Richard, a Kings County resident, died three years ago without a will.  At the time of his death,...

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Become Executor or Administrator of Estate

How do I Become an Executor or Administrator of an Estate? In New York, after a person (known as a "decedent') dies, another person may need to become executor or administrator of the decedent's estate. If the decedent had a Will and has assets that do not pass by...

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When to Start a NYC Guardianship Proceeding

When to Start a NYC Guardianship Proceeding Often times we find ourselves wondering whether the time is right to start a NYC guardianship proceeding. The below sets forth a few instances that should raise red flags and should get you thinking about filing. No “Advance...

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Opening a Safe Deposit Box After Death

Opening a Safe Deposit Box After Death in New York City Banks will often seal a safe deposit box following the death of an owner (or co-owner). Pursuant to SCPA 2003, An "interested party" (e.g., spouse, beneficiary, fiduciary) may access the box for certain purposes,...

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PROBATE ASSETS vs. NONPROBATE ASSETS

NONPROBATE ASSETS vs. PROBATE ASSETS People often confuse nonprobate assets and probate assets. They also often confuse taxable vs. non taxable assets. Probate assets are those that do not have a beneficiary designation. They are assets that were either not capable of...

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Executor’s Roles, Duties, and Powers

Executor Responsibilities, Roles, Duties, and Powers Deborah’s father, Abe, died a resident of Brooklyn in March 2018.  He was survived by his three children, Susan, Deborah, and Greg.  Abe had executed his Last Will and Testament and named Deborah as his Executor,...

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NYC Beginners Guide to Trusts

This guide will help beginners in NYC understand what a trust is, how it differs from a will, and whether you should have one as part of your estate plan. What is a trust? A trust is a contract. It is a legal document that creates a relationship between the creator...

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Guide to Guardianship in NYC

What is Guardianship in New York City? In New York, Guardianship is the relationship between an incapacitated person and a fiduciary, who assists the incapacitated person with various activities that the incapacitated person is unable to perform completely on his/her...

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Probate – Letters of Administration C.T.A.

Jack died last week in Brooklyn, New York. His cousin, Maria, found his Last Will and Testament while searching for details about his cemetery plot. The Will left a portion of Jack’s estate to Maria and named Maria’s mother, Jennifer, as Jack’s executor. Jennifer had...

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Probate A Will in New York City

Probate a Will in New York City. Here are a few practical points to help you probate a Will in New York City. Please review our Probate Process guide for greater details. Read the Will. Make a list of the people or organizations who inherit under the Will. Write down...

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Distributing per _______?

Ever look at a Will or Trust and see the words "per stirpes"? Ever been asked to prove your relationship to a decedent (more formally known as kinship) and be told that distributions are "by representation"? Ever see the word "per capita"?   What the heck does it...

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Do you have a living will?

At its core, the estate planning process helps people plan for unforeseeable life events. While we all know we won't live forever, there are many unknowns associated with how old we will live to be, our physical and mental health and our living situation. These types...

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