What Is a No-Contest Clause in a Will?

What Is a No-Contest Clause in a Will?

Gabriel Katzner - June 12, 2024 - Probate

If you are concerned that any of your beneficiaries may be disgruntled enough with their inheritance that they bring a legal challenge against your will, you can mitigate that possibility by adding a no-contest clause in your will. If you have a no-contest clause in your last will and testament, anyone who disputes the validity […]

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Letters of Administration: Dying Without a Will

Letters of Administration: Dying Without a Will

Gabriel Katzner - May 2, 2024 - Wills

The probate court issues letters of testamentary approving an executor of a will to manage the decedent’s estate. But what happens if someone dies without a will, also known as dying intestate? The surrogate or probate court uses letters of administration to authorize a person known as the administrator to manage the decedent’s estate. A […]

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WHAT IS A CHILD ENTITLED TO WHEN THEIR PARENT DIES WITHOUT A WILL?

What Is a Child Entitled to When Their Parent Dies Without a Will?

Gabriel Katzner - April 19, 2024 - Probate

The death of a parent is an emotionally devastating and stressful time. Financial strains and uncertainties only compound this stress. Imagine two potential scenarios. Meghan is the only child of her wealthy parents. At age 40, the death of one of her 60-year-old parents was not even on her radar. Her father recently died suddenly […]

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WHAT'S THE DIFFERENCE BETWEEN ADMINISTRATOR AND EXECUTOR?

What’s the Difference Between Administrator and Executor?

Gabriel Katzner - April 18, 2024 - Probate

An executor is a person named in the last will and testament of a deceased person or testator to manage their estate after they die. If there is no will, then the court will need to appoint someone to manage or administer the estate. This person, the administrator, will oversee the estate when there is […]

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HOW TO GET LETTERS OF TESTAMENTARY IN NEW YORK

How to Get Letters of Testamentary in New York

Gabriel Katzner - February 28, 2024 - Probate

Anna lives in upstate New York. She is the only child of her recently deceased mother. Her father died nearly a decade ago. Anna is the executor of her mother’s estate. She recently made an appointment at her local bank to access her mother’s account. The bank representative said that she could not have access […]

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HOW LONG DOES MONEY HAVE TO STAY IN AN ESTATE ACCOUNT?

How Long Does Money Have to Stay in an Estate Account?

Gabriel Katzner - February 15, 2024 - Probate

Money typically stays in an estate account for months to a year. How long money has to stay in an estate account is based on factors such as the complexity of the estate, whether an estate tax return is required, and the time needed to resolve any claims made by creditors. Factors That Impact How […]

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7 WAYS TO FIND OUT IF SOMEONE HAS A WILL

7 Ways to Find Out if Someone Has a Will

Gabriel Katzner - - Estate Planning

Ideally, everyone should have a last will and testament that is properly prepared and stored in a fireproof safe or a secure online vault. Of course, it is also a good idea to ensure that at least a few people are aware of the location and have access to the will. After you’ve chosen an […]

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When Does an Estate Need to Go Through Probate?

When Does an Estate Need to Go through Probate?

Gabriel Katzner - January 25, 2024 - Probate

While probate can be a lengthy and time-consuming process, it has a very important role in settling a person’s estate by validating their will, distributing property if a person dies without writing a will, or distributing assets if the will does not name a specific beneficiary to receive these assets. Probate is a formal process […]

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How Long Do You Have to File for Probate After the Death of a Loved One?

How Long Do You Have to File for Probate After the Death of a Loved One?

Gabriel Katzner - January 22, 2024 - Probate

Probate, by its very nature, occurs at the worst possible time—when you are processing the death of a loved one. Probate involves administrative duties that include filing your loved one’s Last Will and Testament with the court and determining how your loved one’s property and accounts should be distributed. While probate can be a costly, […]

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ESTATE PROBATE: HOW LONG TO KEEP AN ESTATE OPEN AFTER DEATH

Estate Probate: How Long to Keep an Estate Open After Death

Gabriel Katzner - - Probate

Suppose you find yourself named as the executor of a friend’s estate. While you want to honor your friend’s last wish, you may wonder about the time commitment. Keeping an estate open refers to the time between the death and the assets being fully distributed. State laws typically govern the specific timeframe for keeping an […]

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