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FAQs
Estate Fiduciary Frequently Asked Questions
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Frequently Asked Questions About Dealing With a Loved One’s Home After They Pass Away
Most Common Probate Disputes Frequently Asked Questions
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How to Sell a Condo in an Estate Frequently Asked Questions
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How to Force a Sale of a House Frequently Asked Questions
How to Sell a Dead Relative’s House Frequently Asked Questions
How to Divide a Family House in an Estate Frequently Asked Questions
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How to Sell a Probate House Frequently Asked Questions
How to Sell a House in an Estate Frequently Asked Questions
How Much Do Executors Charge in New York Frequently Asked Questions
How to Change an Estate Administrator in New York Frequently Asked Questions
How to Probate Without a Will in New York Frequently Asked Questions
How to Stop A Corrupt Executor in New York Frequently Asked Questions
How To Sell a Brownstone in an Estate FAQs
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New York’s Estates, Powers and Trusts Law
Estate, Powers and Trusts, § 3-1.1: Who May Make Wills of, and Exercise Testamentary Powers of Appointment Over Property
Estate, Powers and Trusts, § 3-1.2: What Property May be Disposed of by Will
Estate, Powers and Trusts, § 3-1.3: Who May Receive Testamentary Dispositions of Property
Estate, Powers and Trusts, § 3-2.2: Nuncupative and Holographic Wills
Estate, Powers and Trusts, § 3-3.1: What a Testamentary Disposition Includes
Estate, Powers and Trusts, § 3-3.2: Competence of Attesting Witness Who is Beneficiary; Application
Estate, Powers and Trusts, § 3-3.6: Encumbrances on Property of Decedent or on Proceeds of Insurance Policy on Life of Decedent Not Chargeable Against Assets of Decedent’s Estate
Estate, Powers and Trusts, § 3-4.1: Revocation of Wills; Effect on Codicils
Estate, Powers and Trusts, § 3-4.2: Agreement to Convey Property Previously Disposed of by Will Not a Revocation
Estate, Powers and Trusts, § 3-4.4: Conveyance of Property of an Incompetent or Conservatee
Estate, Powers and Trusts, § 4-1.1: Descent and Distribution of Decedent’s Estate
Estate, Powers and Trusts, § 4-1.2: Inheritance by Non-Marital Children
Estate, Powers and Trusts, § 4-1.4: Disqualification of Parent to Take Intestate Share
Estate, Powers and Trusts, § 4-1.5: Other Disqualifications
Estate, Powers and Trusts, § 4-1.6: Disqualification of Joint Tenant in Certain Instances
Estate, Powers and Trusts, § 5-1.1: A Right of Election by Surviving Spouse
Estate, Powers and Trusts, § 5-1.2: Disqualification as Surviving Spouse
Estate, Powers and Trusts, § 5-1.3: Revocatory Effect of Marriage After Execution of Will
Estate, Powers and Trusts, § 5-1.4: Revocatory Effect of Divorce, Annulment or Declaration of Nullity, or Dissolution of Marriage on Disposition, Appointment or Other Provision in Will to Former Spous
Estate, Powers and Trusts, § 7-1.1: When Trust Interests not to Merge
Estate, Powers and Trusts, § 7-1.2: Trustee of Passive Trust to Take
Estate, Powers and Trusts, § 7-1.3: Purchase-Money Resulting Trust Abolished
Estate, Powers and Trusts, § 7-1.4: Purposes for Which Trust may be Created
Estate, Powers and Trusts, § 7-1.5: When Trust Interest Inalienable; Exception
Estate, Powers and Trusts, § 7-1.7: Interest Remaining in Creator of Trust
Estate, Powers and Trusts, § 7-1.8: Duration of Trust for Benefit of Creditors
Estate, Powers and Trusts, § 7-1.9: Revocation of Trusts
Estate, Powers and Trusts, § 7-1.12: Supplemental Needs Trust Established for Persons With Severe and Chronic or Persistent Disabilities
Estate, Powers and Trusts, § 7-1.14: Who may Make a Lifetime Trust
Estate, Powers and Trusts, § 11-1.1: Fiduciaries’ Powers
Estate, Powers and Trusts, § 11-1.3: Power and Duty of Executor Before Probate
Estate, Powers and Trusts, § 11-1.4: Validity of Execution of Power to Sell, Mortgage or Lease Real Property
Estate, Powers and Trusts, § 11-1.5: Payment of Testamentary Dispositions or Distributive Shares
Estate, Powers and Trusts, § 11-1.6: Property Held as Fiduciary to be Kept Separate
Estate, Powers and Trusts, § 11-1.7: Limitations on Powers and Immunities of Executors and Testamentary Trustees
Estate, Powers and Trusts, § 11-1.8: Power of Fiduciary or Custodian for Fiduciary to Deposit United States Government and Agency Securities With a Federal Reserve Bank
Estate, Powers and Trusts, § 11-1.9: Power of Fiduciary or Custodian for Fiduciary to Deposit Securities in a Central Depository
Estate, Powers and Trusts, § 11-1.10: Power of Fiduciary to Employ a Broker-Dealer as Custodian
Estate, Powers and Trusts, § 3-2.1: Execution and Attestation of Wills; Formal Requirements
Estate, Powers and Trusts, § 3-3.4: Consequences of Partly Ineffective Testamentary Dispositions of Property to Two or More Residuary Beneficiaries
Estate, Powers and Trusts, § 3-3.5: Conditions Qualifying Dispositions; Conditions Against Contest; Limitations Thereon
Estate, Powers and Trusts, § 3-3.7: Testamentary Disposition to Trustee Under, or in Accordance With
Estate, Powers and Trusts, § 3-3.8: Validity of a Purchase of Real Property Notwithstanding its Disposition by Will
Estate, Powers and Trusts, § 3-3.9: Testamentary Direction to Purchase Annuities
Estate, Powers and Trusts, § 4-1.6: Revocation or Alteration of Later Will Not to Revive Prior Will or Any Provisions Thereof
Estate, Powers and Trusts, § 12-1.2: Order of Liability; Preferences
Estate, Powers and Trusts, § 12-1.3: Extent of Liability; Judgment Debtor’s Right to Indemnity and Contribution
Estate, Powers and Trusts, § 12-2.2: Action May Not be Joint or Several; Right to Implead
Estate, Powers and Trusts, § 12-2.4: Effect of Judgment
Estate, Powers and Trusts, § 13-1.2: Assets; Debt Due From Executor to Testator; Effect of Discharge by Will
Estate, Powers and Trusts, § 5-3.1: Exemption For Benefit of Family
Estate, Powers and Trusts, § 5-3.2: Revocatory Effect of Birth of Child After Execution of Will
Estate, Powers and Trusts, § 12-2.3: Effect of Application of Surrogate to Sell Real Property
Estate, Powers and Trusts, § 12-1.1: Liability of Distributees and Testamentary Beneficiaries
Estate, Powers and Trusts, § 12-2.1: Action Not Impaired by Failure of Creditor or Other Person to Present Claim to Representative as Prescribed by Law
New York Surrogate’s Court Procedure Act
Surrogate’s Court Procedure Act § 701: Requisites of Letters
Surrogate’s Court Procedure Act § 702: Limited and Restrictive Letters
Surrogate’s Court Procedure Act § 703: Letters Evidence of Authority; Effect of Appeal
Surrogate’s Court Procedure Act § 704: Priority Among Different Letters
Surrogate’s Court Procedure Act § 705: Time, How Reckoned Upon Successive Letters
Surrogate’s Court Procedure Act § 711: Suspension, Modification or Revocation of Letters or Removal For Disqualification or Misconduct
Surrogate’s Court Procedure Act § 712: Petition; Process Thereupon; Suspension
Surrogate’s Court Procedure Act § 713: Hearing; Decree
Surrogate’s Court Procedure Act § 715: Application by Fiduciary for Permission to Resign
Surrogate’s Court Procedure Act § 1001: Order of Priority for Granting Letters of Administration
Surrogate’s Court Procedure Act § 1002: Petition; Persons Entitled to Petition for Appointment of an Administrator
Surrogate’s Court Procedure Act § 1003: Persons Who Must be Served With Process; Waiver of Process; Dispensation With Service of Process
Surrogate’s Court Procedure Act § 1004: Proceedings Upon Return of Process; Decree
Surrogate’s Court Procedure Act § 1005: Notice of Application for Letters of Administration
Surrogate’s Court Procedure Act § 1007: Administration De Bonis Non
Surrogate’s Court Procedure Act § 1302: Supplementary Letters, Executors Not Named in Letters Not to Act
Surrogate’s Court Procedure Act § 1303: Persons Who May Become a Voluntary Administrator
Surrogate’s Court Procedure Act § 1308: Liability of Voluntary Administrator Collecting Assets
Surrogate’s Court Procedure Act § 1401: Proceeding to Compel Production of Will
Surrogate’s Court Procedure Act § 1402: Who May Propound Will; Contents of Petition; Direction of Court
Surrogate’s Court Procedure Act § 1403: Persons to be Served; Content of Process
Surrogate’s Court Procedure Act § 1407: Proof of Lost or Destroyed Will
Surrogate’s Court Procedure Act § 1408: Probate Not Allowed Unless Court Satisfied
Surrogate’s Court Procedure Act § 1409: Notice of Probate
Surrogate’s Court Procedure Act § 1410: Who May File Objections to Probate of an Alleged Will
Surrogate’s Court Procedure Act § 1411: Citation Upon Filing of Objections
Surrogate’s Court Procedure Act § 1412: Preliminary letters testamentary
Surrogate’s Court Procedure Act § 1413: Revocation of Letters Upon Proof of Will
Surrogate’s Court Procedure Act § 1414: When Letters Testamentary May be Issued
Surrogate’s Court Procedure Act § 1415: Supplementary Letters, Executors Not Named in Letters Not to Act
Surrogate’s Court Procedure Act § 1416: Executor Failing to Qualify or Renounce; How Excluded
Surrogate’s Court Procedure Act § 1417: Renunciation by Nominated Executor; Retraction Thereof
Surrogate’s Court Procedure Act § 1418: Letters of Administration With Will Annexed; When and to Whom Granted
Surrogate’s Court Procedure Act § 1419: Process; Renunciation or Exclusion of Persons Having Prior or Equal Right
Surrogate’s Court Procedure Act § 1420: Proceeding for Construction of Will; Effect of Decree
Surrogate’s Court Procedure Act § 1422: Record Of Wills; Evidence
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