Probate and Estates

When someone in New York State dies with a small amount of money, the family may be able to avoid probate by using a “1310”, or small estate affidavit. This affidavit may be used by certain family members or the decedent’s creditors to collect assets up to a certain value in the decedent’s sole name. […]

Q: My loved one passed away and someone needs to clean out her home, who is in charge of that? A: Losing someone you care for is incredibly difficult. Going through their belongings can be one of the most difficult tasks to be accomplished after their death. Assuming this individual lived alone and rented the […]

An executor is responsible for paying all outstanding the debts from the assets of the estate. The executor is not personally liable for the debts and the Fair Debt Collection Practices Act prohibits collection attempts against a surviving relative or beneficiary. An executor should locate all the decedent’s credit cards and cancel them to prevent […]

When a person does their estate planning, he or she will typically prepare a Last Will and Testament.   A Will contains a provision that nominates an Executor.  Since there is a nominated executor, typically, in probate proceedings the appointment of the fiduciary is not complicated as it is controlled by the selection made by […]

Q: My loved one recently passed away and I am the nominated executor in the Will. How do I know if I have to probate the Will? A: The answer to this question depends on how the individual’s assets are titled at the time of death. Generally, assets that are titled in the individual’s name […]

Q: My mother is an assisted living facility and while going through some of her papers, I found that there is a bank account worth about $120,000 in her sole name that I am listed as a transfer on death (TOD) beneficiary. I have 2 other siblings that are not listed on this account. What […]

Question: My father died without a Will leaving only a checking account in his sole name with a balance of $35,000. My brother and I are his only heirs. I have heard that there is a proceeding in the Surrogate’s Court to handle an estate of this value. Can you tell me about it? Answer: […]

The Tax Cuts and Jobs Act (the “Act”) increased the federal estate tax exclusion amount for decedents dying in years 2018 to 2025. The act is set to sunset on December 31, 2025.  The exclusion amount is for 2020 is $11.58 million. This means that an individual can leave $11.58 million and a married couple […]

Question: My mom had a Will from 10 years ago that left everything equally to me and my siblings. Right before she died, I found out my brother made her sign a new Will that left everything to him. I don’t think she understood what she was signing. What should I do? Answer: You may […]