Blog
Opening a Safe Deposit Box in New York After Death
When someone dies who has left a safe deposit box in the State of New York, usually the bank or financial institution will not allow anyone to access the safe deposit box until the Surrogate’s Court issues an Order To Examine Safe Deposit Box. I have had clients utilize a Petition to Open a Safe […]
Effectively Drafting Transfer on Death Deeds in New York
As of July 19, 2024, New York State has legalized the ability for property owners to execute a Transfer on Death (“TOD”) Deed to one or more beneficiaries which will become effective upon the death of the Grantor. The text of the law is found here (“NY TOD Deed Law”), and there are two points […]
Ancillary Probate and Administration Estate Proceedings In New York State
When a decedent dies outside of the state of New York with property in New York State, ancillary probate (or administration if there is no will) becomes necessary in order to gain legal access to that property. Ancillary probate is essentially the act appointing a fiduciary in order to get control of the out of […]
How to choose a probate attorney in New York: overcoming the issue of trust
When a prospective client is hiring a probate attorney in New York the first thing I’ve noticed that is usually on my client’s minds is: do I trust this person? This is probably the most valid concern and clients have a duty to themselves to make sure one of the most important tenets to the […]
Emergency estate planning: I’m going on vacation, do I have time for a Will?
One of the most common telephone calls I receive is from a frantic parent who has just organized their first vacation away from their children, yet have failed to put in place any estate planning documents in case of their early demise. Every time they are going away in 2 weeks. Every. Time. I admit […]
Can a copy of a will be probated in NY?
Yes, in New York it is possible for a copy of an original, executed will to be admitted into probate. It is even possible for a draft of a will to be admitted or even a will that is non-existent where the two witnesses clearly remember the provisions. When an original will is not accessible […]
Opening a safe deposit box in NY after someone dies
Many times after a person has died, and before many probate or administration proceedings, a family or individual must inventory a decedent’s safe deposit box. It is a precursor to many proceedings in Surrogate’s Court in NY and can help expedite finding the decedent’s last will and testament and/or previously unknown assets. In New York […]
Using a NY MOLST form for End of Life Decisions
End of life care is never easy to talk about, but it is one of the most important and overlooked parts of any true estate plan. All of my clients who come in “for a will” always walk out with a health care proxy and a living will as well. A health care proxy designates an […]
Do I have to call the attorney who drafted the decedent’s will in order to probate the will?
This is a great question I have happily answered in the past because many people are under the impression that they must call the attorney who drafted their deceased parent’s will in order to effectuate the probate process. The quick answer: no you do not have to call that attorney. Getting that out of the […]
Common Questions for New York Medicaid or Income Income Trusts (IIOTs)
When I meet with a client and determine that a Medicaid or Irrevocable Income Only Trust is the right move for them I am usually asked the same questions, here’s a brief list of some of the questions: I’m a senior who gets preferential tax exemptions on my home, do I get to keep them? […]