Matter of Van Patten—Undue Influence

by author | Feb 14, 2019 | Estate administration attorney NY, Estate Probate Attorney

Probate Administration | Wrongful Actions There are certain basic legal requirements when a person transfers property, conveys a power of attorney or establishes a plan for the distribution of an estate. Among the most important are: The person must have appropriate...

Can Your Family Have Access to Your E-Mail after Your Death?

by author | Mar 7, 2018 | Estate administration attorney NY

Author: Bonnie Lawston In today’s electronic world, the idea of property has changed dramatically. In the past, when you were putting together an estate plan, the only intangible property that might be a part of it was certain types of securities. Now, however, you...

Surrogate Court Gives Lifetime Promise Priority Over Will

by author | Mar 7, 2018 | Estate administration attorney NY, Estate Probate Attorney

Author: Bonnie Lawston Perhaps the most common way to transfer property upon death in the State of New York is through a valid will or trust.   What happens, though, if you’ve entered into a binding contract to transfer certain property to a specific beneficiary under...

Court Limits Scope of Release Involving Estate and Trust Accounting

by author | Feb 8, 2018 | Estate administration attorney NY, Estate Probate Attorney, Lawyer Marketing

by Bonnie Lawston | Feb 7, 2018 | Estate Administration It’s pretty common procedure for a fiduciary to a trust to obtain a release, with the objective of waiving the fiduciary’s obligation to provide an accounting of the assets of the estate and trust. A recent...

What Happens If a Beneficiary is also a Witness to a Will?

by author | Nov 21, 2017 | Estate administration attorney NY, Lawyer Marketing

Author: Bonnie Lawston Under New York law, a valid will must contain the signatures of two witnesses. There are no requirements regarding the capacity of the witnesses. The testator (person executing the will) must sign in the presence of the witnesses, but they need...

Matter of Van Patten—Representation by Counsel

by author | Dec 21, 2016 | Estate administration attorney NY

Author: Bonnie Lawston If I am an executor, administrator or trustee, do I need an attorney and who pays for it? Why spend the money?  The answer is that you should. Since the duties of a fiduciary involve actions that required legal counsel, any non-attorney executor...