בלוג

Bohm Law Firm's Probate and Estate Planning Lawyer's Blog

מאת Probate and Estate Planning Lawyer Pinni Bohm 24 Dec, 2023
Introduction: This memo provides an overview of the legal requirements for executing a will in New York. It outlines the statutory requirements for valid execution, the presumption of due execution, the concept of testamentary capacity, and the burden of proof in proving the validity of a will. Legal Standards/Rules: In New York, before a will may be admitted to probate, the court must be satisfied that the will has been validly executed in accordance with the statutory requirements, and that the document expresses the testator's intentions. Matter of Dralle . The execution of a will requires observance of specific statutory formalities: the testator must sign the document at the end; the testator must sign or acknowledge the signature in the presence of the attesting witnesses; the testator must declare to each of the attesting witnesses that the instrument is his or her will; and there must be two attesting witnesses who shall, within 30 days, attest the testator's signature and, at the request of the testator, sign their names and affix their residence addresses. Matter of Fraccaro . Analysis: When an attorney drafts a will and supervises its execution, a presumption of regularity is raised that the will was properly executed. Matter of Dralle . This means that if an attorney is involved in the drafting and execution process, it is generally assumed that the will was executed properly unless there is evidence to the contrary. In addition to the formal requirements for executing a will, the testator must also have testamentary capacity. This means that the testator must understand the nature and consequences of executing a will, know the nature and extent of her property, and be aware of the natural objects of her bounty. Matter of Mallin . The burden of proving the validity of a purported will lies with its proponent, who must do so by a preponderance of the evidence. Matter of Fraccaro . This means that the person who is proposing the will for probate must provide sufficient evidence to show that it is more likely than not that the will was validly executed and that the testator had the necessary testamentary capacity. Conclusion: In conclusion, executing a will in New York requires adherence to specific statutory formalities, the testator's testamentary capacity, and the proponent's ability to prove the validity of the will by a preponderance of the evidence. If an attorney is involved in drafting and supervising the execution of the will, a presumption of regularity is raised. Content Supporting Response: Matter of Dralle Appellate Division 3rd Department 192 A.D.3d 1239 Mar 4, 2021 Matter of Fraccaro Appellate Division 3rd Department 161 A.D.3d 1275 May 3, 2018 Matter of Mallin Nassau County Supreme Court 2016 N.Y. Misc. LEXIS 3997 Jul 1, 2016
Brooklyn and Manhattan Courthouse
מאת Probate and Estate Planning Lawyer Pinni Bohm 02 Oct, 2023
If you are involved in a Brooklyn or Manhattan probate or estate administration proceeding, you will be required to pay a filing fee to the Surrogate’s Court. These fees are set by the Surrogate’s Court Procedure Act (SCPA) 2402 and vary depending on the type and value of the proceeding. In this blog post, we will explain the different types of fees and how they are calculated. Probate Fees Probate is the legal process of validating a will and distributing the assets of a deceased person according to their wishes. To start a probate proceeding, you must file a petition and the original will with the Surrogate’s Court in the county where the decedent lived. You also must pay a filing fee based on the value of the estate passing by Will. The fee schedule for probate proceedings is as follows 1 : Value of Estate Passing by Will Fee Less than $10,000.......................$45 $10,000 but under $20,000.........$75 $20,000 but under $50,000..........$215 $50,000 but under $100,000........$280 $100,000 but under $250,000......$420 $250,000 but under $500,000......$625 $500,000 and over.........................$1,250 The fee is computed initially on the gross estate passing by will as stated in the petition. However, if the value of the estate is later shown to be higher or lower than the original estimate, an additional fee or a refund may be due. For example, if you initially paid $280 for an estate valued at $80,000, but later found out that the estate was actually worth $120,000, you must pay an additional fee of $140 ($420 - $280). Conversely, if you initially paid $625 for an estate valued at $300,000, but later found out that the estate was actually worth $200,000, you would be entitled to a refund of $205 ($625 - $420). The probate fee includes all charges, except if probate is contested. If someone objects to the validity of the will or your appointment as executor, you may have to pay additional fees for filing objections ($150), demand for jury trial ($150), or note of issue ($45). Administration Fees Administration is the legal process of distributing the assets of a deceased person who died without a will (intestate) according to the laws of New York. To start an administration proceeding, you must file a petition and other documents with the Surrogate’s Court in the county where the decedent lived. You also need to pay a filing fee based on the value of the estate passing by intestacy. The fee schedule for administration proceedings is as follows 1 : Value of Estate Passing by Intestacy Fee Less than $10,000................................$45 $10,000 but under $20,000..................$75 $20,000 but under $50,000..................$215 $50,000 but under $100,000................$280 $100,000 but under $250,000..............$420 $250,000 but under $500,000..............$625 $500,000 and over................................$1,250 The fee is computed initially on the gross estate passing by intestacy as stated in the petition. However, if the value of the estate is later shown to be higher or lower than the original estimate, an additional fee or a refund may be due. The same examples as above apply. The administration fee includes all charges, except if administration proceeding is contested. If someone objects to your appointment as administrator or to the distribution of the estate, you may have to pay additional fees for filing objections ($75), demand for jury trial ($150), or note of issue ($45). Other Fees There are other types of proceedings and matters that may require fees in the Surrogate’s Court. Some examples are: Accounting: This is when you file a report of how you managed and distributed the estate assets as executor or administrator. The fee for filing an accounting petition is based on the value of the estate accounted for and ranges from $45 to $1,250 1 . Guardianship: This is when you seek to appoint a guardian for a minor or an incapacitated person. The fee for filing a guardianship petition is based on the value of the property or income of the person in need of a guardian and ranges from $20 to $400 1 . Trust: This is when you seek to create, modify, or terminate a trust for the benefit of a beneficiary. The fee for filing a trust petition is based on the value of the trust property and ranges from $45 to $1,250 1 . Miscellaneous: There are other fees for various services and matters in the Surrogate’s Court, such as filing a will for safekeeping ($45), filing a bond ($20 or $30), or obtaining a certified copy of a document ($8) 1 . How to Pay the Fees You can pay the fees by cash, cashier's check, money order, or credit card. But, some courts may not accept all forms of payment, so you should check with the local county court for information on acceptable methods of payment 2 . You can find the contact information of the Surrogate’s Courts in Brooklyn, Manhattan, Queens, Bronx, and Staten Island on the court's websites. Conclusion Filing fees are an unavoidable part of dealing with probate and estate administration matters in New York. However, by knowing the types and amounts of fees and how to pay them, you can avoid surprises and plan your budget accordingly. If you need help with any aspect of probate or estate administration, you should consult with an experienced attorney who can guide you through the process and protect your rights and interests. Please call our Brooklyn or Manhattan offices at 718-407-4461 or 212-920-5224 to discuss how we can assist you with this estate process. Hiring an attorney not familiar with New York estate law to represent you in your estate proceeding might lead to unfortunate consequences that will cost you more money in the long-run. Bohm Law Firm - Brooklyn Probate and Estate Planning Lawyer
Brooklyn or Manhattan House
מאת Probate and Estate Planning Lawyer Pinni Bohm 02 Nov, 2018
"Do I need to obtain Letters of Administration over my Parent's Estate before selling their Brooklyn or Manhattan house or condo apartment?"
Brooklyn and Manhattan Estates - SCPA 805
מאת Probate and Estate Planning Lawyer Pinni Bohm 07 May, 2018
Brooklyn or Manhattan courts typically impose NY SCPA 805(3) restrictions upon an estate administrator's authority to sell, transfer, mortgage, or otherwise encumber NYC real estate without further order of the Surrogate's Court. Estate administrators must then petition the Brooklyn or Manhattan Surrogate's Court to request that these restrictions be removed or modified. Request requires the following items: New York State ET-117 releasing the automatic estate tax lien imposed on NYC estates; Consent forms signed by all relevant distributees; Proposed Brooklyn or Manhattan Surrogate Decree; Cashier's Check Made Payable to the Brooklyn or Manhattan Surrogate's Court for the $45 Filing Fee; Proposed New York Citation to issue to all distributees who have not consented to the sale, transfer, or mortgage; and Verified New York petition signed by NYC fiduciary or other interested party that includes: List of assets, debts, and other relevant factors affecting estate; and List of all distributees for estate. Please call our Brooklyn or Manhattan office at 718-407-4461 or 212-920-5224 to discuss how we can assist you with this process. Bohm Law Firm - Brooklyn Probate and Estate Planning Lawyer
פוסטים נוספים
מאת Probate and Estate Planning Lawyer Pinni Bohm 24 Dec, 2023
Introduction: This memo provides an overview of the legal requirements for executing a will in New York. It outlines the statutory requirements for valid execution, the presumption of due execution, the concept of testamentary capacity, and the burden of proof in proving the validity of a will. Legal Standards/Rules: In New York, before a will may be admitted to probate, the court must be satisfied that the will has been validly executed in accordance with the statutory requirements, and that the document expresses the testator's intentions. Matter of Dralle . The execution of a will requires observance of specific statutory formalities: the testator must sign the document at the end; the testator must sign or acknowledge the signature in the presence of the attesting witnesses; the testator must declare to each of the attesting witnesses that the instrument is his or her will; and there must be two attesting witnesses who shall, within 30 days, attest the testator's signature and, at the request of the testator, sign their names and affix their residence addresses. Matter of Fraccaro . Analysis: When an attorney drafts a will and supervises its execution, a presumption of regularity is raised that the will was properly executed. Matter of Dralle . This means that if an attorney is involved in the drafting and execution process, it is generally assumed that the will was executed properly unless there is evidence to the contrary. In addition to the formal requirements for executing a will, the testator must also have testamentary capacity. This means that the testator must understand the nature and consequences of executing a will, know the nature and extent of her property, and be aware of the natural objects of her bounty. Matter of Mallin . The burden of proving the validity of a purported will lies with its proponent, who must do so by a preponderance of the evidence. Matter of Fraccaro . This means that the person who is proposing the will for probate must provide sufficient evidence to show that it is more likely than not that the will was validly executed and that the testator had the necessary testamentary capacity. Conclusion: In conclusion, executing a will in New York requires adherence to specific statutory formalities, the testator's testamentary capacity, and the proponent's ability to prove the validity of the will by a preponderance of the evidence. If an attorney is involved in drafting and supervising the execution of the will, a presumption of regularity is raised. Content Supporting Response: Matter of Dralle Appellate Division 3rd Department 192 A.D.3d 1239 Mar 4, 2021 Matter of Fraccaro Appellate Division 3rd Department 161 A.D.3d 1275 May 3, 2018 Matter of Mallin Nassau County Supreme Court 2016 N.Y. Misc. LEXIS 3997 Jul 1, 2016
Brooklyn and Manhattan Courthouse
מאת Probate and Estate Planning Lawyer Pinni Bohm 02 Oct, 2023
If you are involved in a Brooklyn or Manhattan probate or estate administration proceeding, you will be required to pay a filing fee to the Surrogate’s Court. These fees are set by the Surrogate’s Court Procedure Act (SCPA) 2402 and vary depending on the type and value of the proceeding. In this blog post, we will explain the different types of fees and how they are calculated. Probate Fees Probate is the legal process of validating a will and distributing the assets of a deceased person according to their wishes. To start a probate proceeding, you must file a petition and the original will with the Surrogate’s Court in the county where the decedent lived. You also must pay a filing fee based on the value of the estate passing by Will. The fee schedule for probate proceedings is as follows 1 : Value of Estate Passing by Will Fee Less than $10,000.......................$45 $10,000 but under $20,000.........$75 $20,000 but under $50,000..........$215 $50,000 but under $100,000........$280 $100,000 but under $250,000......$420 $250,000 but under $500,000......$625 $500,000 and over.........................$1,250 The fee is computed initially on the gross estate passing by will as stated in the petition. However, if the value of the estate is later shown to be higher or lower than the original estimate, an additional fee or a refund may be due. For example, if you initially paid $280 for an estate valued at $80,000, but later found out that the estate was actually worth $120,000, you must pay an additional fee of $140 ($420 - $280). Conversely, if you initially paid $625 for an estate valued at $300,000, but later found out that the estate was actually worth $200,000, you would be entitled to a refund of $205 ($625 - $420). The probate fee includes all charges, except if probate is contested. If someone objects to the validity of the will or your appointment as executor, you may have to pay additional fees for filing objections ($150), demand for jury trial ($150), or note of issue ($45). Administration Fees Administration is the legal process of distributing the assets of a deceased person who died without a will (intestate) according to the laws of New York. To start an administration proceeding, you must file a petition and other documents with the Surrogate’s Court in the county where the decedent lived. You also need to pay a filing fee based on the value of the estate passing by intestacy. The fee schedule for administration proceedings is as follows 1 : Value of Estate Passing by Intestacy Fee Less than $10,000................................$45 $10,000 but under $20,000..................$75 $20,000 but under $50,000..................$215 $50,000 but under $100,000................$280 $100,000 but under $250,000..............$420 $250,000 but under $500,000..............$625 $500,000 and over................................$1,250 The fee is computed initially on the gross estate passing by intestacy as stated in the petition. However, if the value of the estate is later shown to be higher or lower than the original estimate, an additional fee or a refund may be due. The same examples as above apply. The administration fee includes all charges, except if administration proceeding is contested. If someone objects to your appointment as administrator or to the distribution of the estate, you may have to pay additional fees for filing objections ($75), demand for jury trial ($150), or note of issue ($45). Other Fees There are other types of proceedings and matters that may require fees in the Surrogate’s Court. Some examples are: Accounting: This is when you file a report of how you managed and distributed the estate assets as executor or administrator. The fee for filing an accounting petition is based on the value of the estate accounted for and ranges from $45 to $1,250 1 . Guardianship: This is when you seek to appoint a guardian for a minor or an incapacitated person. The fee for filing a guardianship petition is based on the value of the property or income of the person in need of a guardian and ranges from $20 to $400 1 . Trust: This is when you seek to create, modify, or terminate a trust for the benefit of a beneficiary. The fee for filing a trust petition is based on the value of the trust property and ranges from $45 to $1,250 1 . Miscellaneous: There are other fees for various services and matters in the Surrogate’s Court, such as filing a will for safekeeping ($45), filing a bond ($20 or $30), or obtaining a certified copy of a document ($8) 1 . How to Pay the Fees You can pay the fees by cash, cashier's check, money order, or credit card. But, some courts may not accept all forms of payment, so you should check with the local county court for information on acceptable methods of payment 2 . You can find the contact information of the Surrogate’s Courts in Brooklyn, Manhattan, Queens, Bronx, and Staten Island on the court's websites. Conclusion Filing fees are an unavoidable part of dealing with probate and estate administration matters in New York. However, by knowing the types and amounts of fees and how to pay them, you can avoid surprises and plan your budget accordingly. If you need help with any aspect of probate or estate administration, you should consult with an experienced attorney who can guide you through the process and protect your rights and interests. Please call our Brooklyn or Manhattan offices at 718-407-4461 or 212-920-5224 to discuss how we can assist you with this estate process. Hiring an attorney not familiar with New York estate law to represent you in your estate proceeding might lead to unfortunate consequences that will cost you more money in the long-run. Bohm Law Firm - Brooklyn Probate and Estate Planning Lawyer
Brooklyn or Manhattan House
מאת Probate and Estate Planning Lawyer Pinni Bohm 02 Nov, 2018
"Do I need to obtain Letters of Administration over my Parent's Estate before selling their Brooklyn or Manhattan house or condo apartment?"
פוסטים נוספים
Share by: