Res Publicae - The New York Estates Blog


A new blawg covering areas of interest to estate-planning professionals and nonprofessionals, including articles, discussions of case law and statutes, and answers to frequently asked questions.

Author: Christopher L. Miller has been admitted to the New York bar.

Blawg Related Categories: Trusts & Estates • States • New York • Legal Information

Recent Posts from Res Publicae - The New York Estates Blog


  • Honorary Trusts for the Care of Animals

    South Carolina is one of about 38 states plus the District of Columbia that allow for trusts to be established for the benefit of animals and pets.  While such trusts had not been recognized under the state common law because…

  • Why Should I Have a Revocable Lifetime Trust?

    You may have heard various reasons why somebody should have their assets in a Revocable Lifetime Trust. (”Revocable Trust”). Some reasons may be valid, others less so. Here is a discussion of some of these…

  • Why Do I Need A Last Will and Testament?

    You need a Last Will for many reasons.  Even if you do not have a Last Will, you have an estate plan. That plan is laid out by New York’s intestacy statute, which provides the…

  • Health Care Powers of Attorney & Living Wills

    A health care power of attorney designates an agent to make decisions regarding health care when a person cannot make those decisions due to incompetence or unconsciousness. In South Carolina, only one person can serve as…

  • What are Heirs? Why are they important?

    If you interact with an estate attorney, you may hear the term “heirs.”  You may think you know what this term means, but it actually has a precise legal definition.   In South Carolina, the term heirs…

  • Definition - Per Stirpes

    If you have a Last Will prepared, you will probably wonder what per stirpes means. The term is from Latin and means literally per branch. What it means is that each branch of a Decedent’s…

  • Definition - Intestate

    Nope, it’s not a highway.  Intestate (or intestacy) means that a Decedent has died and has not left a Last Will and Testament to be admitted to probate. The South Carolina Code of Laws 62-2-101 states that…

  • Definition - Testate

    Testate means that a Decedent has died leaving a Last Will and Testament to be admitted to probate.

  • Definition - Decedent

    A Decedent is someone who has died.

  • Definition - Administration

    Administration is a judicial proceeding similar to a probate proceeding.  The major difference is that an Administration is undertaken when the Decedent did not execute a Last Will and Testament.  If there is an estate…