Wills

Feb 16, 2025

NY: When Executors Have No Authority Over Real Estate – Lessons from In re Purdy

When it comes to managing an estate, the responsibilities of an executor can...

Dec 15, 2024

NY: Probate Discovery Limits Upheld in Matter of Landau

In Matter of Landau, 2024 NY Slip Op 34301 (NY Sur. Ct., New...

Dec 14, 2024

🔑 NY: Discovery Time Limit In Probate Proceedings

In contested probate proceedings, discovery is typically limited to a five-year time frame...

Rules

Oct 30, 2024

🔑 NY: Surrogates Court Cannot Interpret Will Before Probate

In New York, Surrogate’s Court is bound by statute not to interpret...

Rules

Oct 30, 2024

NY SCPA 1404: Witnesses to Be Examined; Proof Required

New York Surrogate’s Court Procedure Act (SCPA) § 1404 is pivotal in the...

Sep 23, 2024

🔑 NY: Title to Specifically Devised Real Property Vests Immediately at Death

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Sep 11, 2024

🔑 NY SCPA 2508 Filing of will of decedent

SCPA 2508 gives the procedure for filing a decedent's will in...

Sep 11, 2024

🔑 NY: What Does a Lawyer Do With a Testators Will When the Executor Goes Silent?

Here is a tricky scenario that estate planning attorneys sometimes face: The lawyer...

Sep 10, 2024

NY: Do Not Remove Staples From a Will

In New York probate, it is essential to keep the staples intact on...

Sep 07, 2024

🔑 NY: Generally, a Will Cannot Change the Beneficiaries of a Life Insurance Policy

In estate planning, it’s crucial to understand the limitations of a will....

Sep 06, 2024

🔑 NY: Sample Renunciation of Letters of Administration C.T.A. and Waiver of Process (SCAP 1418)

Here is a sample Renunciation of Letters of Administration C.T.A. and...

Sep 06, 2024

🔑 NY: Sample Staple Affidavit

In another post, I explained that it is essential to keep staples on...

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