A beneficiary designation is a legal arrangement that allows an individual to specify who will receive their assets, such as life insurance proceeds, retirement account funds, or other payable-on-death accounts, upon their death. It is a critical aspect of estate planning, providing a clear directive for the distribution of specific…
Lack of capacity to make a will in New York refers to a situation where the testator (the person making the will) does not have the mental capacity to understand the nature and consequences of his or her actions when executing the will. In order to have the capacity to…
The contested probate case in Niola v. Sarno, 939 N.Y.S.2d 553 (N.Y. App. Div. 2012) involves Maria Capuano’s will and a dispute centered on allegations of fraud and undue influence. In the context of a will contest in New York, fraud involves the intentional use of deceptive practices to manipulate or…
The administration of an estate of a decedent requires a personal representative to identify and gain access to their property. Unlike personal property, real estate, and even financial accounts, electronic accounts of decedents can present special challenges for survivors to access. Typically, a request must be sent the custodian of…
Under New York law, children of who are adopted-out are not entitled to an intestate share of their biological parents’ estate. However, exceptions to this rule were enacted to the Domestic Relations Law starting in 1987. In 1987, the New York legislature revised the statute by adding a provision to…
While people often use safety deposit boxes to hold valuable items such as jewelry, cash, and collections, they also use them to store important papers such as wills and other estate documents. Upon death, it is important to immediately access the contents of safe deposit boxes, particularly if they contain…
In New York, the Surrogate’s Court system has jurisdiction over estate matters. There are Surrogate’s Courts in each county in New York. The proper venue for an estate proceeding is determined by where the decedent was domiciled at the time of their death. Domicile refers to the location where a…
During estate administration, a major responsibility of a personal representative is to identify, secure, and inventory estate assets. In some instances, a turnover proceeding is required to ensure that all assets that are part of the estate are accounted for. A turnover proceeding is a legal proceeding that occurs during…
In the process of estate administration, when there is a disagreement about who has title to property or there has been a theft of assets, the executor of an estate can initiate a turnover proceeding to get more information and to recover property that belongs to the estate. SCPA §…
Under New York law, when a child dies, typically their parents are their next of kin and are entitled to share in their intestate estate. However, a parent can be disqualified from inheriting from the child’s estate under two conditions: if the parent abandoned the child before their 21st birthday…