News & Analysis as of

Wills New York

Farrell Fritz, P.C.

Will New York Law Allow for the Electronic Execution of Wills?

Farrell Fritz, P.C. on

Under New York’s Electronic Signatures and Records Act, a person can electronically sign many types of documents that have legal significance (Technology Law §§ 301, § 304 |– 306). At the present time, however, wills and...more

Rivkin Radler LLP

Estate Planning Documents for Your ‘Adult’ Child

Rivkin Radler LLP on

While we may know better, an 18-year-old is generally considered an adult under New York law. Many of those 18-year-olds will be heading off to college in the next couple of months. Parents’ rights to make decisions for their...more

Farrell Fritz, P.C.

The Presumption of Revocation that Oftentimes Applies to Lost Wills

Farrell Fritz, P.C. on

New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA §...more

Farrell Fritz, P.C.

Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings

Farrell Fritz, P.C. on

Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more

Rivkin Radler LLP

Estate Planning for Loved Ones Struggling with Mental Health and Substance Abuse Disorders

Rivkin Radler LLP on

May is mental health month, the perfect time to address this important topic. Mental health and substance abuse disorders affect many families. These issues need to be considered in estate planning. Mental health and...more

Tarter Krinsky & Drogin LLP

New York Proposes Legislation to Provide Terminally Ill Persons a Medication to Peacefully End Their Life

Now Is the Right Time to Consult with Legal Counsel About Preparing Advance Directives that Reflect End-of-Life Wishes- New York’s Medical Aid in Dying Act (A136/S138) is once again before the New York State Legislature in...more

Farrell Fritz, P.C.

Lengthy Opinion Delivered Regarding In Terrorem Clause

Farrell Fritz, P.C. on

It is a rare day that the Court of Appeals, New York’s highest Court, deals with trust and estate matters, let alone something as granular as the validity of an in terrorem clause.  But speaketh they did, on April 17, 2025,...more

Goulston & Storrs PC

Executor Nominated by Decedent Deemed Unfit to Serve

Goulston & Storrs PC on

When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more

Mandelbaum Barrett PC

Navigating Probate Litigation in New York: A Comprehensive Guide

Mandelbaum Barrett PC on

Probate litigation can be a complicated and emotionally taxing process, especially in a state like New York known for its stringent probate laws. When disputes arise over the distribution of assets or the validity of a will,...more

Lippes Mathias LLP

Avoiding Probate in New York: Benefits of Planning Ahead

Lippes Mathias LLP on

What is the Probate Process in New York? Probate is the formal legal process that gives recognition to a will and appoints the executor or personal representative who will administer the estate and distribute the...more

Rivkin Radler LLP

NY’s Gestational Surrogacy Law Comes With Estate Planning Requirements

Rivkin Radler LLP on

On February 16, 2021, New York state legalized compensated gestational surrogacy. The Child-Parent Security Act (the Act) imposes estate planning requirements on the intended parents. Required Estate Planning- Prior to...more

Greenbaum, Rowe, Smith & Davis LLP

Wealth Transfer Strategies to Consider in the Age of COVID-19

The COVID-19 pandemic has disrupted our lives and shifted our priorities in an unprecedented manner.  Against this backdrop of uncertainty, though, opportunities in estate planning abound.  Basic planning documents, such as...more

Rivkin Radler LLP

Without a Plan, the State Decides Where Your Assets Go

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You’ve heard the adage: Those who fail to plan, plan to fail. Never is that more true than with estate planning. When you create an estate plan, you choose exactly who gets your assets, how they get them and in what manner...more

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