What steps are required to file probate court documents and publish creditor notices in New York?
Steps to File Probate Court Documents and Publish Creditor Notices in New York Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation. Detailed Answer 1. Locate and Review the Will Begin by locating the decedent’s original will. Confirm its validity […]
Read article →How to Determine if a Transferred Vehicle Must Be Treated as Estate Property After a Decedent’s Death in NY
Disclaimer: This article provides general information and is not legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under New York law, any asset a person owns at the time of death generally becomes part of that person’s estate and is subject to administration. Determining whether a transferred vehicle counts […]
Read article →How to Determine the Proper Venue for Opening or Transferring a Decedent’s Estate in New York
Detailed Answer Choosing the correct venue for a decedent’s estate ensures efficient administration and reduces disputes. In New York, venue rules for probate and administration appear in Article 2 of the Surrogate’s Court Procedure Act. Primary Venue (Domicile County): Under SCPA §207, you must file your probate or administration petition in the county where the […]
Read article →Should a New York executor confirm available estate funds before settling a creditor claim?
Understanding Executor Duties: Confirming Estate Funds Before Settling Creditor Claims Detailed Answer When you serve as an executor (personal representative) in New York, you carry a fiduciary duty to gather the decedent’s assets and ensure they cover all valid debts before making any payments. Under New York Estates, Powers and Trusts Law (EPTL) §3-3.1, you […]
Read article →What Steps Should Be Taken to Negotiate and Settle a Creditor Claim During Probate in New York?
Detailed Answer When negotiating and settling a creditor claim during probate in New York, the executor or administrator should follow these key steps: Review Notice to Creditors and Deadlines. Under SCPA §1802, creditors must present claims within seven months of the date letters are granted. Track the deadline to avoid barred claims. Evaluate the Validity […]
Read article →What documentation should an executor gather to respond to a creditor’s settlement demand? – NY
Detailed Answer As an executor under New York law, you must gather key documents to evaluate and respond to a creditor’s settlement demand. Under the Surrogate’s Court Procedure Act (SCPA) §1804, you must admit, reject, or compromise each claim within ninety days after the date set by the court or the date of the notice […]
Read article →How Can an Executor Challenge a Creditor Claim on Predatory Lending Grounds for an Elderly Decedent in NY?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer When an elderly person’s estate faces a creditor’s claim based on a loan that may involve predatory practices, the executor can challenge the validity and enforceability of that claim […]
Read article →How to Access and Withdraw Money from a Deceased Person’s Bank Account During Probate in NY
How to Access and Withdraw Money from a Deceased Person’s Bank Account During Probate in New York Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When someone passes away in New York, their bank accounts become part of their estate and generally require court supervision to access […]
Read article →What Factors Determine the Total Cost of Administering an Estate in New York?
Disclaimer: This article provides general information about New York estate administration and is not legal advice. Detailed Answer Administering an estate in New York involves multiple steps under the Surrogate’s Court Procedure Act (SCPA). Several factors influence the total cost. Below is an overview of the most common drivers of expense. 1. Court Filing and […]
Read article →Which Documents and Certificates Should Be Collected to Begin Estate Administration in New York?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney in New York for advice on your specific situation. Detailed Answer When a person passes away in New York, the executor or administrator must gather key documents and certificates to open a probate case in Surrogate’s […]
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