Video: How Do I Find Out if I am in a Will?

In this video interview, Attorney Daniel Antonelli, partner at Antonelli & Antonelli, noted probate and estate administration law firm in New York, NY, discusses how you can find out if you are in somebody’s will after they die. Antonelli & Antonelli represents clients throughout New York City in the areas of Probate, Estate Administration & […]

FAQ: What is a Fiduciary?

Definition of FIDUCIARY: (noun) / a trustee; an agent who represents a principal and acts in the best interest of the principal “the executor serves as a fiduciary of the estate” (adj) / involving trust, especially with regard to the relationship between a trustee and a beneficiary “the company has a fiduciary duty to its […]

FAQ: Who May Serve as Executor of a Will in New York?

In New York, when a person dies testate the last will and testament usually names an executor.  It is typically the nominated (named) executor who serves in that capacity – but not always.   Sometimes the nominated executor is deceased, disqualified as a potential fiduciary, or simply does not want the job.  Who is then entitled to […]
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FAQ: What Are ‘Letters Testamentary’?

Definition of Letters of Testamentary: (noun) / under New York law, the name of the official document appointing a person named in the will to act as the representative (Executor) of an estate where the decedent has died testate (with a will) Letters Testamentary are issued by the Surrogate’s Court after the appropriate petition is filed […]

FAQ: What Are ‘Letters of Administration’?

Definition of Letters of Administration: (noun) / under New York law, the name of the official document appointing a person to act as the representative (Administrator) of an estate where the decedent has died intestate (without a will) Letters of Administration are issued by the Surrogate’s Court after the appropriate petition is filed and approved. […]

FAQ: What is Surrogate’s Court?

Definition of SURROGATE’S COURT: (noun) / a specialized court that deals with probate and administration of estates, certain types of guardianships, and certain types of adoptions; also known as “probate court” The New York State Surrogate’s Court hears cases involving the affairs of decedents, the probate of wills, and the administration of estates.  Adoptions are […]

FAQ: Who inherits when there is no will? Order of Intestacy

When a person passes away in New York without a will (intestate), the heirs at law are entitled to receive the decedent’s assets.  But who are the heirs?  If the decedent had no will, then the heirs are determined by New York State Law: If the decedent is survived by a spouse and no issue, […]
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