In most cases, probate is opened up for a decedent’s estate in the county in which they were domiciled at the time of their death. An individual’s domicile is usually considered to be the place where the individual lives without the intention of permanently moving away from that place. However, as some people may equallyContinue reading “Where do I conduct probate?”

Likely yes. Probate is the legal process by which a deceased individual’s property is lawfully transferred or distributed to another party. Without probate, the decedent’s property remains lawfully owned by their estate. Probate must be conducted regardless of whether or not a decedent left a will. However, with careful estate planning, it is often possible toContinue reading “Do I have to go through the probate process for my family member after their death?”

No. For a power of attorney to be valid, the person executing the power of attorney must have the capacity to understand their rights and the consequences of their decision and the ability to clearly express their wishes. Someone who has been declared incapacitated by the court lacks this ability and cannot execute a validContinue reading “Can guardianship be avoided by having the person who would be the subject of the guardianship sign a durable power of attorney?”

Courts normally appoint a close family member or friend to serve as guardian, as they are likely to know what the incapacitated person’s wishes would likely be if they were not incapacitated. However, if no suitable family members or friends are available to serve, courts will usually appoint a specially trained attorney who regularly servesContinue reading “Who can serve as a guardian?”

A guardian is an individual who is appointed by the court to make healthcare and personal decisions on behalf of an individual who cannot make those decisions or who cannot voice their preferences for themselves due to illness, injury, or physical or mental disability. Similar to but distinct from a guardian is a conservator, whoContinue reading “What is a guardian?”

It all depends on the nature of your case. Were you unfairly left out of a will or trust? You may be able to file a will or trust contest. Are there other grounds for contesting an estate? Examples include accounting issues, the misappropriation of funds, a breach of fiduciary duty, or an executor beingContinue reading “What legal options do I have if I want to challenge a will, trust, or estate plan, or if I want to file estate litigation?”

If you have or believe you have a claim on assets included in an estate, you can file estate litigation. Examples include inheritors, relatives, individuals, or parties who may have lent money or provided services to the decedent but were not paid, or a purported beneficiary under state law. Our estate planning lawyers in QueensContinue reading “Who can file an estate dispute?”

Estate litigation may be filed at any point during the administration of the estate by any party who asserts a claim to the assets of the estate. This may include an alleged creditor of the decedent, a party who has rendered services to the estate, or a purported beneficiary under the decedent’s will or stateContinue reading “Who is entitled to file estate litigation?”

If you are thinking about estate litigation or are already in the middle of it, a lawyer can assist you by helping you collect and store potentially relevant evidence, responding to requests for information from the other side, and negotiating on your behalf to try to avoid the time and cost of going to courtContinue reading “How can an estate litigation attorney help?”

In the context of trust administration, fiduciary duty refers to the standard of care that a trustee is expected to exercise. Generally, as a fiduciary, a trustee is expected to always act in a manner that benefits the interests of the trust. Trustees are also expected not to act for their own benefit if doing so wouldContinue reading “What is “fiduciary duty?””