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Category: Probate and Estates

Latest News

Medicaid Recertification: Why Legal Guidance Matters

Having an experienced elder law attorney overseeing the Medicaid application and recertification processes can better one鈥檚 chance of achieving and maintaining Medicaid eligibility.聽

April 10, 2026
Consenting to the Probate of a Will

Question: My mother recently passed away and I received something in the mail called a 鈥淲aiver of Process; Consent to Probate鈥, what does this document mean?

June 5, 2020
The Duties of an Administrator/Executor

Question: My loved one passed away and someone needs to clean out her home, who is in charge of that?

May 22, 2020
Suffolk County Surrogate鈥檚 Court Update

As of Monday, May 18, 2020, any uncontested probate, administration and small estate matter involving an individual who passed away due to COVID-19 related causes is deemed an essential matter.

May 21, 2020
Duties of an Estate Fiduciary

The executor is a fiduciary of the estate and must administer the estate in accordance with the decedent鈥檚 wishes as stated in the will. Generally, the duties of an executor are as follows:

May 9, 2020
Transfer of a Motor Vehicle to the Surviving Spouse

Question: My husband passed away a couple of months ago. All of our assets were held jointly except for one of our cars, which was held in his sole name. The car is worth about $20,000.00. What do I need to do to transfer the car into my name? Do I need to go to Court?

May 6, 2020
Credit Card Debts of a Decedent

An executor is responsible for paying all outstanding the debts from the assets of the estate. The executor is not personally liable for the debts and the Fair Debt Collection Practices Act prohibits collection attempts against a surviving relative or beneficiary.

April 29, 2020
What Tax Returns Should Be Filed When a Person Dies?

The Executor or Administrator of an Estate may be required to file three separate returns: an individual tax return for the decedent, estate income tax return and estate tax return.

April 7, 2020
Appointment of an Administrator

When a person does their estate planning, he or she will typically prepare a Last Will and Testament. A Will contains a provision that nominates an Executor.

April 6, 2020
Compensation of an Executor

Question: My aunt has nominated me as the Executor of her estate. Someone told me that I am entitled to payment for serving as Executor, is that true?

February 24, 2020
Estate and Gift Tax Update for 2020

The Tax Cuts and Jobs Act (the 鈥淎ct鈥) increased the federal estate tax exclusion amount for decedents dying in years 2018 to 2025. The act is set to sunset on December 31, 2025.

December 20, 2019