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
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What are Distributees? Why are they important?
If you interact with an estate attorney, you may hear the term distributee. In New York, the term distributee has a legal meaning set out in Estates Powers and Trusts Law Section (EPTL) 1-2.5. The…
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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 New York Estates, Powers, and Trusts…
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Definition - Testate
Testate means that a Decedent has died leaving a Last Will and Testament to be admitted to probate.
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Definition - Decedent
A Decedent is someone who has died.
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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…
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Definition - Probate
Probate is a judicial proceeding by which a testamentary document is proven to be a Last Will and Testament. It is begun in New York by filing a Probate Petition with the Surrogate’s Court. Once…
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Definition - By Representation
To follow up the definition of per stirpes, our next term is by representation. Again, this term is used to tell us attorneys how the children of a deceased named beneficiary should take their inheritance.…
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Leona Helmsley Estate Settlement
The Associated Press reports that New York County Surrogate Renee Roth accepted a settlement in the contested Estate of Leona Helmsley. The Last Will had been contested on grounds that Ms. Helmsley was unfit to…
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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…
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A New Family Member
It excites me to announce that on April 9, 2008, a new family member, Christopher Thomas, was born. This is my first child, and he is wonderful. I apologize for not having much activity on here for…