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A Message from RK Law PC

Dear Clients and Friends, First and foremost, we hope this post finds you and your family safe. As we are all restructuring life in the wake of COVID-19, we want you to know that RK LAW PC is here to help if you need assistance  We profoundly care about our employees...

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Important Estate Planning Documents

Important Estate Planning Documents The markets have tanked. The kids are home. The bars and gyms are closed. Broadway has shuttered. How can you distract yourself from staring gloomily at your retirement account and your kids asking you when the germs will go away?...

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Forced to Sell Inherited Real Property?

Can I Be Forced to Sell Inherited Real Property? Consider the following: Mariya, age 93, died five years ago. At the time of her death, her biggest asset was her house in Brooklyn valued at well over one million ($1,000,000) dollars. Mariya had three daughters, Amy,...

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How to Execute a Will in NY

How to Execute a Will in New York Properly A Will is a written instruction manual for disposing of your assets. It is a document that overrides the New York State default rules for disposing of a person’s assets after their death. In order for a Will to be given...

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Can a Guardian Sell Property?

CAN A GUARDIAN SELL HIS WARD'S PROPERTY? Can a Guardian sell property belonging to his ward? Typically, such sale is subject to Court approval. Consider the following example: Joe, a resident of New York County, suffers from Dementia.  A Mental Hygiene Law Article 81...

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Access Dead Person’s Email or Facebook

Access a Dead Person’s Email or Facebook There exist limited ways to access a dead person’s email or Facebook or other online accounts, even if just to procure some of the available information.  How Can You Access the Dead Person’s Email of Facebook Without a Court...

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Your Estate Planning Checklist for 2020

Your Estate Planning Checklist for 2020 An estate plan is the process of arranging, during a person’s lifetime, for the management of that person’s assets and affairs when the person becomes incapacitated or dies. It is important to create a plan. It is equally...

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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...

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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...

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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...

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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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File for Adult Guardianship NYC

When to File for Adult Guardianship in NYC Often times we find ourselves wondering whether the time is right to file for adult guardianship in NYC. The below sets forth a few instances that should raise red flags and should get you thinking about filing.  Please...

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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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NYC Guardianship Guide

What is Guardianship in New York City? This NYC Guardianship Guide will help you better understand the guardianship process. In New York, Guardianship is the relationship between an incapacitated person and a fiduciary, who assists the incapacitated person with...

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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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How to Probate A Will in NYC

How to 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....

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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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