How to Request and Schedule a Probate Hearing in New York When None Is Set?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. In New York, initiating probate requires filing a petition under SCPA 1401. Once you submit the petition, the Surrogate’s Court must set a hearing date under SCPA 1411. If no hearing appears on the court calendar within a reasonable […]
Read article →How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in NY
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When you sign an initial probate representation agreement with a New York attorney, the document defines the scope of legal services. Under the New York Rules of Professional Conduct, 22 NYCRR Part 1215.1(g), an attorney must describe in writing the specific […]
Read article →May I petition a court to remove an estate administrator who refuses to fulfill their duties in NY?
Detailed Answer Yes. If an estate administrator in New York refuses to perform required duties—such as managing estate property, filing inventories, or distributing assets—you may petition the Surrogate’s Court for removal. Under SCPA 711 (Surrogate’s Court Procedure Act §711), the court may remove a fiduciary for neglect, misconduct, or failure to account. You or another […]
Read article →How do I apply for letters of administration and what forms are required in New York?
Detailed Answer Letters of administration grant legal authority to collect assets, pay debts, and distribute property when a person dies without a valid will (intestate). New York law on intestacy appears in the Surrogate’s Court Procedure Act (SCPA) Articles 2 and 3. To apply: 1. Choose the correct Surrogate’s Court File in the county where […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in New York?
Disclaimer: This article is for educational purposes and does not constitute legal advice. Detailed Answer When a wrongful death claim resolves by settlement or court judgment in New York, the proceeds become part of the decedent’s estate. Distribution follows the procedures in the Estates, Powers and Trusts Law (EPT) and the Surrogate’s Court Procedure Act […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in NY
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation. Detailed Answer In New York, when a Medicaid recipient passes away owning a probate estate, the Department of Health may file a claim against the estate to recover benefits paid […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in NY
Detailed Answer When a business owner dies, the personal representative of the estate must locate and review corporate formation documents and bylaws to determine ownership interests, governance provisions and transfer procedures. Under New York law, these records include the certificate of incorporation (or formation), corporate bylaws, minutes of meetings, stock ledgers and share transfer records. […]
Read article →What Is the Process for Petitioning a Court to Remove a Personal Representative for Mishandling Estate Assets in New York?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance tailored to your situation. Detailed Answer Under New York law, interested parties may petition the Surrogate’s Court to remove a personal representative (executor or administrator) who mismanages estate assets or breaches fiduciary duties. Removal is […]
Read article →How can an interested party open probate for a decedent’s estate in NY?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in New York for advice regarding your situation. Detailed Answer When someone dies in New York, an interested party—such as an executor named in the will, a beneficiary, or an heir—must open probate in Surrogate’s Court to […]
Read article →What Information and Duties Must a Personal Representative Provide to Heirs in NY?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance on your specific situation, consult a qualified attorney. Detailed Answer When someone dies in New York, the Surrogate’s Court appoints a personal representative (also called an executor or administrator) to manage the estate. Under New York law, the personal […]
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