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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...

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...

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...

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 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? 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 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...

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,...

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....

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,...

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...

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...

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,...

Roles of Administrator cta and dbn of an Estate What is an Administrator c.t.a.? Scenario A: Georgia passed away in May 2018, a resident of New York County.  She was widowed at the time of her death, and she was survived by only her two adult daughters, April and...

Roles of Executors and Administrators of a NYC Estate Allison’s father, Kenneth, a Brooklyn resident, died in March of 2018.  Kenneth was a widower, but survived by his three (3) children, Allison, John, and Nathan. In his Last Will and Testament, he named Allison as...

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...

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,...