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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
Estate and Gift Tax Update 2019

Question: Can you tell me about any updates to estate and gift taxes for 2019?

January 31, 2019
Recent Court Decision Suggests that Banks Cannot Evict Surviving Spouses from Homes Subject to a Reverse Mortgage

With people living longer, many turn to a Home Equity Conversion Mortgage, more commonly referred to as a reverse mortgage, for additional income. Reverse mortgages allow seniors to access the equity in their homes and convert same into an income stream.

January 27, 2019
Dividing the Personal Property of an Estate

Question: My mother recently passed away. I am the nominated executor of her estate. Her Will directs that all of her personal property is to be shared equally among her children. Can you give me any suggestions about how to divide the personal property?

January 8, 2019
Surrogate鈥檚 Court Procedure Act

My sister wants me to sign a document that allows her to probate my mother鈥檚 will. The problem is that the will favors my sister, and I think the circumstances around the will are suspect. Is there a way I can get more information about the will signing?

November 16, 2018
Inheritance

Inheritance is the practice of passing property upon the death of a decedent. The rules of inheritance differ from state to state.

October 24, 2018
Compelling a Fiduciary to Account an Estate

Question: My sister is the Executor of my mother鈥檚 estate. She had three children and we all share the estate equally. My sister sent me a Receipt and Release Agreement proposing a distribution to me of $50,000.00. I want the money, but I don鈥檛 feel comfortable signing the Receipt and Release. What should I do?

September 28, 2018
Right of Sepulcher

Question: I was chatting with friends over coffee this evening and someone mentioned the 鈥渞ight of sepulcher鈥. What exactly is that right?

September 7, 2018
Q&A: Estate Closure and Fiduciary Liability

I am the Executor of my father鈥檚 estate. I have collected the assets and paid the expenses and am ready to close the estate. How should I proceed?

June 22, 2018
Executor Commissions in New York State

I was named as the Executor in my mother鈥檚 Will. Do I receive a fee for serving as Executor of the Estate?

June 1, 2018
Who Inherits My Property If I Die Without a Will?

I am an unmarried person and do not have any children. My parents died many years ago and I have no siblings. Who inherits my property if I die without a will?

April 6, 2018