Reena Gulati Blog

A will and a trust are two of the most important documents a person can create to ensure their assets are distributed according to their wishes after death. In New York, these two documents have different rules and requirements. Knowing the differences between the two can help you make the best decision for your estate planning needs.

We're approaching the holiday season and the end of another year. If you're like most people, you probably have several goals to get off your to-do list before the new year. While you're putting in the effort to achieve your end-of-year objectives, how about you consider investing in your estate plan? Your estate plan protects the financial future of your family and loved ones when you're no longer here. As the year comes to an end, here are five things you should consider ticking off your estate planning checklist:

Your relative (the decedent) died and left a will. The distribution of the decedent’s estate under the will is different from what you thought it would be. Maybe it excluded you completely or severely minimized your share. That can cause anger and resentment and can feel unjust. But the real question is if that was the decedent’s wish or was the decedent influenced in any way. Can a legal claim be made for undue influence?

Any person or person authorized by law can serve as the executor. There are exceptions as enumerated in the Surrogate Court Procedure Act §707.

The short answer is yes but it is not a definitive answer. If the estate of the decedent will take a long time to go through probate, if there is a will or in the absence of a will, the administration of the decedent’s estate will be protracted due to disputes within the estate, such as a will contest or the objection to the appointment of a nominated Executor for fear that that the nominee is unfit for the job or fails to qualify, a Preliminary Executor can be appointed.