Understanding the Probate Court’s Role in Fresh Meadows, NY

Understanding the Probate Court's Role in Fresh Meadows, NY

Navigating the intricacies of the probate process in Fresh Meadows, New York, can be a challenging endeavor, especially during times of grief and loss. Probate is the legal process that transfers the assets and property of a deceased individual to their beneficiaries or heirs. It ensures that the deceased’s wishes are honored and that their […]

How to Cash Saving Bonds Without Probate

How to Cash Saving Bonds Without Probate

What is a non-administered estate? The estate is a non-administered estate with regard to savings bonds if: No person named on the bond is living. The estate has: Not been and will not be formally administered through a court. Not been and will not be settled under special provisions of state law relating to small […]

When is a NY Husband or Wife Disqualified to Inherit as a Surviving Spouse?

When is a NY Husband or Wife Disqualified to Inherit as a Surviving Spouse

A New York spouse who is legally married to a decedent at the time of his or her death has a right to inherit an “elective” share of the assets. If the decedent dies without a will and without children, the surviving spouse is entitled to the entire estate. If there is no will but […]

Can a Copy of a NY Last Will & Testament Be Probated?

Can a Copy of a NY Last Will & Testament Be Probated

Yes. A lost or destroyed will may be admitted to probate pursuant to New York Surrogates Court Procedure Act (SCPA) 1407 only if: It is established that the will has not been revoked, and Execution of the will is proved in the manner required for the probate of an existing will, and All of the […]

Suspended Brooklyn Surrogate Sues Court System to Get Her Job Back

Suspended Brooklyn Surrogate Sues Court System to Get Her Job Back

Based on serious allegations of bias and discrimination, confirmed by an investigation by the New York Inspector General, King’s County (Brooklyn)Surrogate Court Judge Harriet Thompson was suspended from handling cases, effective December 17, 2021. Court system officials referred her matter was to the State Commission on Judicial Conduct for further action. She was relieved of her judicial duties, her […]

Is a Marriage in The Celebration State Valid in New York?

Is a Marriage in The Celebration State Valid in New York

New York adheres to the “place of celebration” rule, which recognizes a valid marriage outside of New York state. In  Estate of Semone Grossman v. Commissioner, T.C. Memo 2021-65 (May 27, 2021) a religious divorce under Jewish law (a Get) granted in New York and presented in Israel allowed the parties to be married under […]

Do it Yourself (DIY) New York Probate and Estate Administration Without a Lawyer

Do it Yourself (DIY) New York Probate and Estate Administration Without a Lawyer

The steps to probate or administer an estate yourself without a New York estate lawyer are: STEP #1: Read the free NY Executor’s Legal Survival Guide: to learn the duties as a NY executor or administrator. STEP #2: Find information about the New York Surrogate’s Court in the county where the person died. STEP #3  […]

When Can a NY Will Copy Be Probated?

When Can a NY Will Copy Be Probated

A copy of a lost or destroyed will may be admitted to probate only where: (1) it is established that the will has not been revoked; (2) execution of the instrument is proved in the manner required for the probate of an existing will; and, (3) all of the provisions of the will are clearly […]