, April 04, 2025

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  Oct 10, 2023

๐Ÿ”‘ Differences Between Testamentary Trusts and Inter Vivos Trusts in New York

This post examines key differences between testamentary and inter vivos trusts, focusing on:...

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  Oct 09, 2023

๐Ÿ”‘ What Is the Date for a Testamentary Trust Under New York Law?

There is no one date for a testamentary trust under New York law....

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  Sep 10, 2023

Piano in a Decent's Estate: More of a Liability than an Asset

"[U]sed pianos generally have no value, and are a cost to...

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  Aug 04, 2023

Update on Searching New York County Surrogate's Court Records

Yesterday, at Linda Maryanov's Thursday Think Tank study group, I learned:...

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  Aug 03, 2023

After-Discovered Property May Require a New Notice of Probate in New York

Under New York law, if property is discovered after assets are distributed and...

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  Aug 01, 2023

๐Ÿ”‘ Sample Affirmation of Comparison in New York Probate

Here is a sample Affirmation of Comparison in a New York Probate from...

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  Jul 30, 2023

๐Ÿ”‘ Sample New York Probate Petition

Law SCPA 304 and 22 NYCRR 207.16 govern petitions for probate in...

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  Jul 29, 2023

New York: Preliminary Executor Has No Statutory Authority to Sell Specific Devise

New York law treats specific devises differently from residuary devises. We can see...

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  Jul 28, 2023

๐Ÿ”‘ Sample Application for Preliminary Letters Testamentary in New York

SCPA 1412 authorizes preliminary letters testamentary in New York. SCPA 1412 provides, in...

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  Jul 27, 2023

๐Ÿ”‘ NY Notice of Probate with Affidavit of Service: Law and Sample

Statute Governing Notice of Probate: SCPA ยง 1409 The statute governing the notice of...

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  Jul 26, 2023

๐Ÿ”‘ NY Surrogate's Court Rules Require Use of "Standard Typeface" - Attorney Certification

Below, (1) give the text of 22 NYCRR 207.4 that discusses things...

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  Jul 25, 2023

๐Ÿ”‘ Sample New York Affidavit of Attesting Witnesses (After Death) When Will Is Undated

A testator died. Testator's will was found. The will was signed...

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