Latest News:

Judge Prudenti launches Judicious Advice  This new initiative provides counsel for law firms, attorneys, judges and individuals
two people looking over paperwork

Our Blog

Category: Probate and Estates

Latest News

Is a Trust Harder to Contest Than a Will?

While no document is completely immune to a legal challenge, a Trust offers meaningful advantages over a traditional Will.

June 23, 2026
Q&A: Estate Closure and Fiduciary Liability

I am the Executor of my father’s estate. I have collected the assets and paid the expenses and am ready to close the estate. How should I proceed?

June 22, 2018
Executor Commissions in New York State

I was named as the Executor in my mother’s Will. Do I receive a fee for serving as Executor of the Estate?

June 1, 2018
Who Inherits My Property If I Die Without a Will?

I am an unmarried person and do not have any children. My parents died many years ago and I have no siblings. Who inherits my property if I die without a will?

April 6, 2018
Preliminary Executor

I am the nominated Executor under my mother’s Will, which my sister is in the process of contesting. I understand that a Will contest may be a lengthy proceeding. Is there any way I can be appointed to act on behalf of the estate while that proceeding plays out?

February 23, 2018
Estate and Gift Taxes in 2018 after the Tax Cuts and Jobs Act

The Tax Cuts and Jobs Act (the “Act”) increased the federal estate tax exclusion amount from $5 million to $10 million indexed for inflation for decedents dying in years 2018 to 2025. This amount is indexed for inflation back to 2011.

February 5, 2018
Disqualification of the Nominated Executor of a Will

The person selected to act as the Executor can be anyone that the testator wants to be in charge of administration of the estate. There is no requirement that the Executor have any experience or expertise in handling estate matters or have any financial background.

December 8, 2017
Probate a Will

My mother recently passed away and I cannot locate her original Will; I can only find a copy. Can I submit the copy to the Surrogate’s Court for probate?

October 2, 2017
Who is Responsible for an Estate’s Debts?

My father recently passed away. He owes more than he has in assets. As his surviving child, am I responsible for his debt?

March 6, 2017
Q&A: Estate Closure for My Mother’s Estate

I am the Executor of my mother’s estate. I have collected the assets, paid her expenses, and am ready to close the estate. Can you advise me on how to proceed?

December 12, 2016
In Terrorem Clauses

In Terrorem is a term derived from Latin which translates to “in fear.” An In Terrorem provision in a decedent’s Last Will and Testament “threatens” that if a beneficiary challenges the Will then the challenging beneficiary will be disinherited (or given a specified dollar amount) instead of inheriting the full gift provided for in the Will.

December 7, 2016