Reena Gulati Blog

Generally, when we talk about a Will, it refers to a document that distributes your financial assets upon your death. Often though, people believe a Living Will is the same thing as a Will. These are two separate and distinct estate planning documents. As just stated, a traditional Will, more formally known as the Last Will & Testament, transfers your financial wealth to your heirs or your distributees, including individuals and/or charities, you determine should receive your assets upon your death. A Living Will on the other hand, is a document that informs your health care agent (i.e., a person you choose to make health care decisions for you when you are unable) what your wishes are regarding your end-of-life care.

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.

You and your spouse own all your property jointly. Your spouse passes away; you get everything by operation of law as the joint holder of the property. Except now you go to the bank to open the safe deposit box and you inform your banker of the unfortunate news and she/he tells you that you cannot access the safe deposit box. What? - You say. The banker explains that since the co-owner is deceased, the bank requires you to obtain authority from the court to allow you access from this point forward.rn