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There are several reasons a person may want to renounce property they inherit. Perhaps they have no need for the piano their deceased uncle left them. Perhaps they would rather the property go to someone else beside themselves. Perhaps they are a high income individual and have no need for additional income or property. Whatever the reason may be for…Read More

What Is A Citation In Surrogate’s Court? In the state of New York, Surrogate’s Court is the court that handles probate and estate matters after a person passes away. A citation from the Surrogate’s Court is a notice to an individual to present themselves in the Surrogate’s Court, similar to a summons. The purpose of the citation is to allow…Read More

If a close family member dies leaving less than $50,000.00 in personal property (typically cash, bank accounts or stocks), New York law provides a simplified procedure for collection of this property without the need to formally probate a Last Will and Testament or petition the Court for Letters of Administration. Instead, the person seeking to collect and distribute these funds…Read More

Whenever there is an issue which may cause delay in the Surrogate's Court appointing an Administrator or Executor for a deceased person's estate, the Surrogate's Court has the authority to appoint a Temporary Administrator until the issue may be resolved and an Administrator or Executor appointed. Generally speaking, a Temporary Administrator has all the powers of an Administrator or Executor,…Read More

In order to be eligible to serve as the Executor or Administrator of a deceased person's estate, you must meet the following requirements: be at least 18 years old; and be mentally competent; and generally speaking, a citizen of the United States; and not have been convicted of a felony; and not be a drug addict, drunkard, dishonest persons and/or…Read More

A legal "appearance" is an act by which a party to a Surrogate's Court proceeding, either directly or indirectly, consents to the jurisdiction of the Surrogate's Court and typically makes the Surrogate's Court aware of his or her position with respect the proceeding - either that he or she consents to the relief sought by the Petitioner or that he…Read More

As in all courts in the State of New York, if a trial by jury is desired in the Surrogate's Court, a trial by jury must be demanded. In each case initiated in the Surrogate's Court, a jury demand must be made by the Respondent in the Respondent's answer or objections to the Petitioner's petition. If the Petitioner wants the…Read More

Before attempting to answer the question: in a Surrogate's Court proceeding, what assets can a creditor reach, it's crucial to understand that, in all Surrogate's Court proceedings, there are two (2) categories of assets: Probate Assets and Non-Probate Assets. Probate Assets: In a nut shell, Probate Assets are any assets the deceased person owned at the time of death which…Read More

For the Defendant to the lawsuit, the answer to this question is, it depends. If the Defendant is a business, then the answer is more straightforward, as nearly all lawsuit/litigation costs are deductible as a business expense (including payment of court fees, attorney's fees and payment of the settlement/judgment). When the Defendant is an individual, the rules as to what…Read More

Elder Law attorneys are frequently asked the question: "Mom/Dad gave Charlie $20,000 to help pay Charlie's mortgage; shouldn't this reduce his share of mom/dad's Estate?" The answer to this question is: "It depends." In the scenario outlined above, if mom/dad intended the $20,000 gift to Charlie to be an "Advancement" of Charlie's share in mom/dad's Estate, then the answer is…Read More