What is the process for inventorying and distributing estate assets among multiple heirs in NY?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a person dies leaving assets and multiple heirs, New York law requires the executor (if there’s a will) or administrator (if intestate) to inventory, value, and distribute the estate under Surrogate’s Court supervision. 1. Appointment of Personal Representative […]
Read article →How Do Heirs Locate and Claim Unclaimed Property of a Deceased Relative in NY?
Detailed Answer Understanding Unclaimed Property in New York New York classifies assets as unclaimed when the owner fails to contact the holder for a specified dormancy period. Common assets include bank accounts, uncashed checks, utility deposits, insurance proceeds, securities, and contents of safe deposit boxes. The New York Abandoned Property Law (Article 13) governs this […]
Read article →What factors influence the timeline for completing the probate process in NY?
Disclaimer: This article does not constitute legal advice. It provides general information under New York law. Detailed Answer Probate in New York unfolds through several steps. Various factors can speed up or slow down each stage. Understanding these factors helps you estimate timelines. 1. Estate Complexity Large estates or those with diverse assets—real estate, business […]
Read article →Why do I have to probate a will in New York if real property passes automatically at death?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation. Detailed Answer In New York, some real property interests pass automatically at death by operation of law, but most sole-owner real estate requires probate to transfer title. Understanding the difference will […]
Read article →What steps are involved in notifying creditors and handling claims after a death in New York?
Disclaimer: This article is for informational purposes only. It is not legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer After a person’s death in New York, the personal representative (executor or administrator) must notify creditors and resolve claims before distributing the estate. Here are the key steps under New […]
Read article →Can I Use an Obituary as Proof of Death to Open an Estate in New York Without a Death Certificate?
Detailed Answer Under New York law, you normally need a certified death certificate to open an estate. Surrogate’s Court Procedure Act (SCPA) §207 requires proof of death before the court issues letters of administration or admits a will to probate. You can review the statute here: SCPA §207. If you cannot obtain a certified death […]
Read article →How to Prepare an Heirship Affidavit in New York
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific case. Detailed Answer In New York, the equivalent to an heirship affidavit for small estates is the Small Estate Affidavit under Section 1313 of the Surrogate’s Court Procedure Act (SCPA 1313). Use […]
Read article →Can I Elect a Life Estate Instead of an Intestate Share in New York?
Detailed Answer In New York, when someone dies without a valid will, their assets distribute under the Estates, Powers & Trusts Law (EPTL). The surviving spouse normally receives an intestate share—one half of the net estate if there are no descendants, or a share alongside children if there are. However, New York law lets the […]
Read article →How Does an Executor Obtain an EIN for the Estate in New York?
Disclaimer: This article is for general informational purposes and is not legal advice. Consult a qualified attorney to discuss your specific situation. Detailed Answer When a loved one passes and leaves an estate, the executor (also called a personal representative in New York) must obtain an Employer Identification Number (EIN) from the IRS to manage […]
Read article →What is the difference between common and solemn form probate in New York?
Understanding New York’s Probate Process: No “Common” vs. “Solemn” Forms Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney in your jurisdiction for guidance on your unique situation. Detailed Answer Unlike North Carolina, New York law does not distinguish between “common” and “solemn” form probate. […]
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