Probate and Estates

Probate Estate v. Gross Estate

By Burner Law Group, P.C. / August 11, 2020 / 0 Comments

Question:  Someone told me that assets with named beneficiaries are not subject to estate tax, is that correct? Answer: No, that is not correct.  Your “gross taxable estate,” meaning the assets that are subject to estate tax, consists of all of the assets which you have an interest in at death, even if those “non-probate” […]

Read More

Bonding of an Estate Fiduciary

By Burner Law Group, P.C. / July 25, 2020 / 0 Comments

Question: I was recently appointed Administrator of my uncle’s estate, but the Decree from the Surrogate’s Court said that I must post a bond. What does that mean? Answer:  It is fairly common that the fiduciary of an estate may receive notice that the he or she must be bonded in order to complete the […]

Read More

Is it Too Late To Elect Portability?

By Burner Law Group, P.C. / July 17, 2020 / 0 Comments

The estate tax concept tax known as “portability” is permanent as a result of the enactment of the American Taxpayer Relief Act of 2012. Portability allows a surviving spouse to use a deceased spouse’s unused estate tax exclusion (up to $11.4 million in 2020/$11.7 million in 2021). For those dying after December 31, 2011, if […]

Read More

Transfer of a Motor Vehicle to the Surviving Spouse

By Burner Law Group, P.C. / June 11, 2020 / 0 Comments

Question: My husband passed away a couple of months ago. All of our assets were held jointly except for one of our cars, which was held in his sole name. The car is worth about $20,000.00. What do I need to do to transfer the car into my name? Do I need to go to […]

Read More
Scrabble pieces forming the word probate.

Consenting to the Probate of a Will

By Burner Law Group, P.C. / June 5, 2020 / 0 Comments

Question: My mother recently passed away and I received something in the mail called a “Waiver of Process; Consent to Probate”, what does this document mean? Answer: You received this document because the Executor is trying to “probate” your mother’s Will.  Probating a Will means that the Executor is submitting a petition to Court and […]

Read More

The Duties of an Administrator/Executor

By Burner Law Group, P.C. / May 22, 2020 / 0 Comments

Question: My loved one passed away and someone needs to clean out her home, who is in charge of that? Answer: 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 […]

Read More

Suffolk County Surrogate’s Court Update

By Burner Law Group, P.C. / May 21, 2020 / 0 Comments

As of Monday, May 18, 2020, any uncontested probate, administration and small estate matter involving an individual who passed away due to COVID-19 related causes is deemed an essential matter. This means if your estate involves a COVID-19 related death and the court will process the matter upon filing of properly completed filings and notice […]

Read More

Duties of an Estate Fiduciary

By Burner Law Group, P.C. / May 9, 2020 / 0 Comments

The executor is a fiduciary of the estate and must administer the estate in accordance with the decedent’s wishes as stated in the will. Generally, the duties of an executor are as follows: Collect and safeguard the decedent’s assets; Obtain appraisals, if necessary; Open an estate checking account; Determine the validity of creditors’ claims; Pay […]

Read More

Transfer of a Motor Vehicle to the Surviving Spouse

By Burner Law Group, P.C. / May 6, 2020 / 0 Comments

Question: My husband passed away a couple of months ago. All of our assets were held jointly except for one of our cars, which was held in his sole name. The car is worth about $20,000.00. What do I need to do to transfer the car into my name? Do I need to go to […]

Read More

Credit Card Debts of a Decedent

By Burner Law Group, P.C. / April 29, 2020 / 0 Comments

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 […]

Read More
Scroll to Top