What steps are needed to seek guardianship or conservatorship for an incapacitated relative under New York law
Detailed Answer If you need to seek guardianship or conservatorship for a loved one under New York law, follow these general steps. Determine the correct proceeding – Use guardianship under New York Mental Hygiene Law Article 81 to make personal or financial decisions. To manage only a person's estate, you may use conservatorship under the […]
Read article →How Can the Slayer Statute Rule Affect an Heir’s Right to Inherit from a Decedent’s Estate in New York?
Detailed Answer The New York slayer statute prohibits anyone who feloniously and intentionally kills a decedent from inheriting under that person’s will or intestate estate. Under Estates, Powers & Trusts Law § 2-1.4, a convicted slayer is treated as if they predeceased the victim. Courts then distribute the disqualified heir’s share among the remaining beneficiaries. […]
Read article →What Information and Documentation Are Required to Verify All Individuals with an Interest in Real Property in NY?
Detailed Answer Verifying every individual with an interest in New York real property requires a systematic title search and collection of supporting documents. You must identify all fee owners, lienholders, trustees, fiduciaries and other parties with recorded or unrecorded interests. Below is a step-by-step approach: 1. Conduct a Comprehensive Title Search Visit the County Clerk’s […]
Read article →Do I Get Any Ownership Interest in the Real Property if I Am Paying the Mortgage? – NY
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In New York, paying the mortgage on a property does not automatically give you any ownership interest. Legal title to real estate is created and transferred only by a properly executed deed. Under New York Real Property Law § […]
Read article →Do I Get Ownership Interest in Real Property by Paying Property Taxes in NY?
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified New York attorney regarding your specific situation. Detailed Answer Under New York law, paying property taxes on real estate you do not own does not automatically grant you any ownership interest. New York recognizes title by deed, will, […]
Read article →What Options Exist to Secure Missing Estate Documents from Uncooperative Institutions in NY?
Securing Missing Estate Documents from Uncooperative Institutions in New York Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer When an executor or administrator needs estate documents—such as account statements, safe-deposit box inventories or original wills—but encounters resistance […]
Read article →What options exist in NY for establishing authority over an elderly heir’s personal and financial decisions?
Detailed Answer When an elderly heir faces declining capacity, New York law offers several tools to help family members manage personal and financial affairs. The most common options include durable powers of attorney, health care proxies, and court-appointed guardianships. Each option carries distinct requirements, benefits, and levels of court involvement. 1. Durable Power of Attorney […]
Read article →How can someone request an amendment to a police report in New York?
Detailed Answer In New York, you can request an amendment to a police report through the agency’s record-corrections process and the Freedom of Information Law (FOIL). Public Officers Law §89 grants you the right to challenge and correct personal records maintained by state and local agencies. Follow these steps: Obtain a copy of the police […]
Read article →How to Verify and Probate an Old Will Discovered Decades After Execution in NY
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney in New York for advice specific to your situation. Detailed Answer: How to Probate an Old Will in New York 1. Identifying a Lost Will Begin by confirming the will is truly lost, not merely misplaced. Search safe-deposit boxes, […]
Read article →How Do Intestacy Rules Apply If No Valid Will Is Found in NY?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone dies without a valid will (intestate) in New York, the Estates, Powers and Trusts Law (EPTL) governs how the court distributes assets. Under EPTL § 4-1.1, New York’s Surrogate’s Court follows a strict order of heirs: 1. […]
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