A fiduciary duty exists when a person must act in a way that protects another party’s specific interests. In probate and estate matters, this duty often applies to executors, administrators and trustees who manage estate assets and carry out the wishes in a will or...
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Estate Administration & Probate
How do you prove undue influence when contesting a will?
Older adults are often the target of unscrupulous people. These con artists prey on a person's vulnerability to take advantage of them. And when the elderly loved one passes away, the family is left heartbroken. Adding to their grief is learning they have been cut out...
Key issues to consider before contesting a will
Before you challenge the validity of your loved one’s will, it’s important to understand the gravity of your decision and the potential implications. Contesting a will could affect your relationships with close kin, not to mention the likely financial and legal...
3 ways a personal representative may breach their fiduciary duty
The executor or personal representative of an estate serves in a position of trust and authority. They have control over an individual's resources and ultimately determine the legacy they leave after their death. Most people who accept the responsibility of estate...
How long does the probate process take in New York?
Probate helps ensure that a deceased person’s will is genuine and that their assets go to the right people. The time probate takes in New York can differ based on several factors but typically lasts seven to nine months. It may take longer if it involves complex...
3 parties who could potentially exert undue influence on a will
When someone dies, their will helps determine what happens to their property. Family members usually trust a will to accurately describe someone's wishes. The personal representative of the estate follows the instructions in the will when distributing property, and...
Examples of will fraud
A will is a crucial component of any estate plan. This document outlines the final wishes of the testator. For example, the testator may wish to leave their house to the children in equal parts. For a will to be valid, it must accurately reflect the wishes of the...
The executor’s rulebook: Understanding the boundaries of the role
Stepping into the role of an executor is no small task. As the individual entrusted with administering a deceased person's estate, the executor bears great responsibility and authority. However, it is crucial to understand that this authority also comes with...
What to know if you’re the executor of an estate
When people write up a will, they are expected to designate an executor of an estate. You may happen to be asked by a loved one or family member to take on this role. The executor of an estate may be a new title that you’ve never heard of, so there are some things you...
What tax documents must the representative of an estate file?
Many estate administration responsibilities fall directly to the personal representative of the estate. They have to notify creditors and repay debts. They will also need to handle tax responsibilities on behalf of the deceased. Estate taxes only apply to...