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Category: Probate and Estates

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Expediting Relief in Probate Proceedings

In New York, a proposed fiduciary may apply for Preliminary Letters, which allow them preliminary authority to make decisions on behalf of an estate. 

August 10, 2026
Compelling a Fiduciary to Account an Estate

Question: My sister is the Executor of my mother’s estate. She had three children and we all share the estate equally. My sister sent me a Receipt and Release Agreement proposing a distribution to me of $50,000.00. I want the money, but I don’t feel comfortable signing the Receipt and Release. What should I do?

September 28, 2018
Right of Sepulcher

Question: I was chatting with friends over coffee this evening and someone mentioned the “right of sepulcher”. What exactly is that right?

September 7, 2018
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