New York Guardianship proceedings are controlled by Article 81 of the Mental Hygiene Law (“MHL”) entitled “Proceedings for Appointment of a Guardian for Personal Needs or Property Management.” The New York Probate Lawyer Blog has published many articles concerning Guardianship
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Ownership Problems Arising from Real Estate in an Estate
The settlement of a New York estate can be very complex based upon a number of factors. To begin with, different rules apply where a decedent died with a Last Will and Testament as opposed to an intestate estate. In…
Living Trusts May Involve Many Legal and Procedural Issues
A typical estate plan includes a number of commonly recognized documents. First and foremost is a Last Will and Testament. As discussed in many posts in the New York Probate Lawyer Blog, a Will controls the disposition of assets…
Probating A New York Will – A Complex Process
A Last Will and Testament is a document meant to memorialize a person’s intentions regarding the disposition of his property after death. The various rules and statutes relating to the probate process are typically strictly adhered to by the Surrogate’s…
New York Estate Planning May Not Prevent Estate Litigation
Estate planning in New York is essential for the efficient settlement of a decedent’s estate. The New York Probate Lawyer Blog has published many articles regarding planning an estate. The various documents which may be prepared as part of a…
The Appointment of an Estate Administrator Can Be Contentious
Estate planning in New York presents many benefits for settling an estate. The foundation for any plan is a Last Will and Testament. This document allows a person to memorialize in writing his intentions and desires regarding the disposition of…
What Happens When a Co-Executor Dies – Problems with Co-Fiduciaries
In many instances, there is a possibility that co-fiduciaries may be appointed to represent an estate. Let’s begin by examining intestate administration. When a decedent dies without a Last Will and Testament, the appointment of an estate administrator is…
Fiduciary Responsibility Never Ends – New Areas of Concern with AI Generated Material
The Intersection of Article 81 Guardianship and a Will Contest (With a Little Artificial Intelligence Thrown In)
It is not uncommon that a person who dies was the subject of an Article 81 Guardianship proceeding prior to death. The Guardianship statutes are contained in Article 81 of the Mental Hygiene Law. A Guardian for personal needs and…
The Benefits and Limits of a New York Article 81 Guardianship
Article 81 of the New York Mental Hygiene Law provides the various statutory provisions for a New York Guardianship. Typically, the statute is utilized to obtain a guardianship over another person’s financial affairs and personal needs. The subject of…