EXECUTOR DUTIES IN NEW YORK

Similar documents
Explanation of SCPA 2307: Executor Compensation

Toll Free Tel Fax

Important Information for the Executors of Your Will

Journal CSA. The Ins and Outs of Being an Executor Journal 69 Vol Link:

The Language of Estates New Clerks School UNC School of Government. The Language of Estates. The Language of Estates. Intestate

ESTATE ADMINISTRATION:

Estates Terminology. Course Objectives. Terminology People. Terminology People. Terminology People. Terminology People

ESTATES ADMINISTRATION

PROBATE & LACK OF PROBATE IN WA

Uniform Law Commission develops transfer-on-death deeds By Susan N. Gary

Real Property Transfers at Death in Montana: Probate and Non Probate Issues 1

PROBATE & ESTATE ADMINISTRATION SERVICES

NC General Statutes - Chapter 116B Article 1 1

Basic Will Drafting and DL Wills

PRESENTED AT. 19 th Annual Estate Planning, Guardianship and Elder Law Conference. August 2, 3-4, 2017 Galveston, Texas

11/9/2015. November 12, 2015 Marquette University Law School Atty. Ian J. Thomson

Estate Procedures for

New Jersey N2K Hour: Effects of Death and Estate Issues

Real Property Transfers From Guardianship and Decedent Estates In Cook County, Illinois October 19, 2016

APPLICATION FOR DISTRIBUTION OF GENERAL CAPITAL CREDITS RETIREMENT OF DECEASED MEMBER

How to Minimize the Need for Probate in Texas

Montana ABLE Accounts: Achieving a Better Life Experience

BURCHELL MACDOUGALL AN OVERVIEW PROBATE, ESTATES AND THE LAND REGISTRATION ACT

Mom Always Said I d Get the House. Post-Death Real Estate Issues. Deputy Register in Probate Jeaneen Mardak Attorney Amy Wochos

Let s talk about Wills. Your pocket guide to Wills and Estate Planning.

NOTICE TO COURT OF DECEDENT S MEDICAID STATUS

Transfer on Death Deeds; Death Bed Transfers

(4) persons who may be entitled to exempt property

Estate Planning Basics

HOPING TO AVOID PROBATE

Update on New IRS Release of Estate Tax Lien Requirements

Comments on Perpetuities Problems at Supp O A and his heirs so long as the land is used for residential purposes.

THE MYLOUISIANASUCCESSION.COM GUIDE TO LOUISIANA SUCCESSIONS AND PROBATE

Terms. A person given authority by a proper court to manage and distribute the estate of a deceased person when there is no will.

MANAGING DISPUTES OVER A DECEASED RELATIVE S ESTATE

1. DEEDS & TRANSFER. I. Definitions

NOTICE TO COURT OF DECEDENT S MEDICAID STATUS

Legal Jargonbuster. money, property and assets that belonged to that person which are held in his name. These are referred to as his Estate.

Real Estate s Best Kept Secret:

Title Transfer. When the title changes hands, this is called alienation.

Medical Assistance ESTATE RECOVERY PROGRAM

Evaluating Your Estate Plan: Vocabulary Matching Excercise

UNIFORM REAL PROPERTY TRANSFER ON DEATH ACT. Drafted by the NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS. and by it

Summit Place Financial Advisors

REAL ESTATE IN A CHANGING WORLD. Nancy Short Ferguson Chicago Title Greensboro, NC

Chapter 1: What is a Title? Sample Quiz

11. What is the difference between easement by necessity and easement by prescription?

Examples & Explanations: Wills Trusts & Estates By Gerry W. Beyer READ ONLINE

Transfer on Death Deed INSTRUCTIONS

Chapter 17 CLAIMS, MOVE-OUT AND CLOSE-OUT INSPECTIONS. (For HAP Contracts Effective Before October 2, 1995)

Chapter 5: Forms of Real Estate Ownership

Fee Schedule Masonic Home Road P.O. Box 774 Charlton, MA 01507

Probate: Florida KEY STATUTES AND RULES` OPENING THE ESTATE TYPES OF ESTATE PROCEEDINGS. Search the Resource ID numbers in blue on Westlaw for more.

Settling an Estate. An Executor s Guide to Estate Administration. In collaboration with

Concentra Trust is a wholly-owned subsidiary of Concentra Financial Services Association.

Example for a registered Freehold purchase of 150,000 (this estimate does not include Help to Buy Scheme or New build properties).

Tax Assessment Appeals and Practice in Collar Counties. By William J. Seitz IICLE REAL ESTATE TAXATION PROGRAM. University of Chicago, Gleacher Center

How a Lady Bird Deed Works. General Warranty Deeds. Special Warranty Deeds. The Difference Can Be Critical

Seven Secrets of Success in Real Estate Investing

RENTERS GUIDE TO EVICTION COURT

Testate (with will) or Intestate (without will) New Castle / Kent / Sussex County. Name of Personal Representative:

Joint Ownership And Its Challenges: Using Entities to Limit Liability

PACKET-DECEASED MEMBER. Copy of Death Certificate (Required) Page 2. Explanation of Requirements and Procedure Page 3

Small Estate Affidavits Bexar County Probate Court No. 2

DECEASED TENANT PROPERTY. Eric M. Steven, P.S. ericstevenlaw.com

Chapter 5: Estate Planning Tools

CHAPTER 1: THE CONCEPT OF PROPERTY RELATED TO WILLS, TRUSTS, AND ESTATE ADMINISTRATION

Estate Planning: Wills, Trusts, and Your Property

Taking Title to Real Property Fidelity National Title Group - Florida Agency Operations

Title Resources Guaranty Company 8111 LBJ Freeway, Suite 1200, Dallas, TX

Will and Powers of Attorney Instruction Sheet Simple Wills and Powers of Attorney No Estate Planning

PETITION FOR ADMINISTRATION. The petition for administration shall be verified by the petitioner and shall contain:

Life Estate Letter. Someone wants to give you his or her home while retaining the right to live there? Proceed cautiously.

Chapter 8: Deeds and Transfer of Title

Mabel L. Peters of 12 Crump Road, Utopia, MA ( Petitioner ) represents as follows:

INSTRUCTIONS TO INDEPENDENT EXECUTORS

February 2009 Bar Examination

ISSUE 1 Fourth Quarter, REALTORS Commercial Alliance Series HOT TOPICS ANSWERS TO CURRENT BUSINESS ISSUES TENANTS-IN-COMMON INTERESTS

An Overview of Iowa s Downtown Resource Center. Jim Thompson CMSM Business Specialist, Main Street Iowa

Expand Your Title Toolkit and Client Base: Mineral Title Curative and Quiet Title Actions

March Recommended Practices New York State Land Title Association, Inc. TABLE OF CONTENTS GENERAL PRACTICES

Fees Examples. Please contact us for a detailed estimate specific to your proposed instruction.

How to Do a Perpetuities Problem

NATIONAL INTERACTIVE STUDY GROUP UNIT 3 QUESTIONS

5 Reasons You Should Be in Probate Real

Quit Quitclaiming OR HELPING CLIENTS HELP THEMSELVES WHEN IT COMES TO TRANSFERRING REAL ESTATE BY: AMY WOCHOS

PROPERTY DESCRIPTION All that real property situated in the municipality of, in County, California legally described as:

FACT SHEET FS Property Ownership and Transferring Are Important Features of Your Farm Succession Plan Many people think an estate

A REPORT BY THE NEW YORK STATE OFFICE OF THE STATE COMPTROLLER

POWER OF ATTORNEY & LIMITATIONS ON USE

In-House Foreclosures. Valerie Curry, Orange County Lorie Domnas, Durham County Anne Vinski, Durham County Chris McLaughlin, SOG

SAMPLE DURABLE POWER OF ATTORNEY. John Doe

Section 4.1 LAND TITLE

WILLS AND POWERS OF ATTORNEY: Do You Need Them And Why?

DEATH OF A RECORD TITLE OWNER: SOLVING ESTATE RELATED TITLE PROBLEMS IN COLORADO. June 5, 2014

Answer A to Question 5

IN THE COURT OF COMMON PLEAS FRANKLIN COUNTY, OHIO JUDGE DANIEL T. HOGAN. THIS MATTER is before the Court on the Motion of Plaintiff Smart Federal

Wills Questionnaire. Your full name Maiden or former names. Current Address. Date of birth. Single Married In a civil partnership Yes No

Avoiding Fiduciary Pitfalls

SRA Transparency Rules

Transcription:

EXECUTOR DUTIES IN NEW YORK WHY YOUR EXECUTOR IS SO IMPORTANT What you may not realize, however, is that your Executor has a number of important duties and responsibilities that will directly, and often dramatically, impact the overall success of your estate plan. SAUL KOBRICK & ANTHONY MOCCIA NEW YORK ESTATE PLANNING ATTORNEYS SERVING NASSAU COUNTY, SUFFOLK COUNTY, AND WESTCHESTER COUNTY

The foundation of most comprehensive estate plans is a Last Will and Testament. When you sit down to create your Will your focus will likely be on deciding who will receive which assets from your estate. While this is understandable, there is another important decision you need to make relating to your Will who you plan to appoint as the Executor of your Will. People often make the mistake of naming an Executor without giving the appointment much thought. What you may not realize, however, is that your Executor has a number of important duties and responsibilities that will directly, and often dramatically, impact the overall success of your estate plan. 2

THE PROBATE PROCESS INTESTATE VS. TESTATE When someone dies, the estate of the decedent is generally required to pass through the legal process known as probate. Probate has several purposes. First, probate is used to locate, inventory, and value all assets owned by the decedent at the time of death. By requiring the assets to go through the legal system there is much less chance that assets will be missed and left unaccounted for after the owner s death. Probate also offers creditors of the decedent an opportunity to make a claim against the estate of the decedent. Uncle Sam, of course, has a vested interested in the probate process as well. Before the final step in the probate process transferring assets to beneficiaries or heirs all taxes owed by the decedent or by the decedent s estate must be paid. If the decedent left behind a valid Last Will and Testament the estate is referred to as a testate estate. If no Will was left behind the estate is referred to as an intestate estate. Someone must oversee the probate process from start to finish. 3

When you create and execute your Will you have the opportunity to decide who that person will be by naming an Executor in your Will. When a decedent leaves behind an intestate estate an Administrator will be named by the court to oversee the probate process. For the most part, the roles of Executor and Administrator are the same. Your Executor s first official duty will be to open the probate of your estate with the appropriate court. Typically, this is done with the assistance of a New York estate planning attorney who can help ensure that all of the proper legal documents are prepared and timely filed in the correct court. Notice of the estate probate must also be given to known creditors and published for the benefit of unknown creditors. 4

ESTATE ASSETS When you die you will leave behind an estate. Your estate may be small or large, valuable or modest, diverse or simple but you will leave behind an estate. Your Executor s first duty after opening the probate of your estate will be to identify, locate, and secure all of the assets that make up your estate. If your estate is moderate to large and it includes complex assets your Executor may spend a considerable amount of time and energy just trying to accomplish these initial tasks. Once all of the assets have been identified an inventory must be created and filed with the appropriate court. Throughout the probate of your estate your Executor will be responsible for managing and maintaining estate assets. For example, if you owned real property at the time of your death your Executor will be responsible for the property s maintenance and upkeep until the property is transferred to the intended beneficiary at the end of the process. In addition, if it is necessary to sell estate assets to pay claims made by creditors, or per the terms of your Will, your Executor must oversee the sale of those assets. 5

ESTATE CREDITORS Shortly after the probate of your estate is opened your Executor must notify creditors of the estate by publishing notice in the local newspaper. Creditors then have a specific period of time within which claims against the estate must be filed. Your Executor is required to review those claims and approve or deny each one. If approved, your Executor must pay the claim using estate assets. If the claim is denied, the creditor has the option to pursue the claim in court. 6

ESTATE LITIGATION Sometimes, an estate ends up in litigation. This typically occurs because someone files a Will contest, challenging the validity of the Last Will and Testament submitted to probate. If this happens, your Executor is required to defend your Will throughout the ensuing litigation. Assets cannot be transferred to the intended beneficiaries until the Will contest is resolved. Your Executor may also need to defend a denial of a claim made against the estate. Although most Executors retain the services of an experienced estate planning attorney to assist throughout the probate process, defending your estate will ultimately be your Executor s responsibility. 7

WRAPPING UP PROBATE Only after all assets have been accounted for, claims against the estate paid, and litigation resolved may your Executor begin to wrap up the probate of your estate. Before the remaining assets can be transferred to the intended beneficiaries though, both personal and gift and estate assets must be prepared, filed and any tax obligation paid. Finally, your Executor may then prepare the documents necessary to facilitate the transfer of assets. Now that you have a better understanding of the varied and numerous duties and responsibilities your Executor will have you should be prepared to give your choice of Executor the thought and consideration it deserves. 8

Be sure to consult with your New York estate planning attorney before making your final decision. New York City Bar Association, What Is an Executor? New York State Unified Court System, Fiduciary Responsibilities Forbes, Understanding the Role and Responsibilities of an Executor 9

About the Attorneys Saul Kobrick Saul Kobrick is an attorney licensed to practice law in the State of New York and the owner, senior partner and founder of The Law Offices of Kobrick & Moccia. Mr. Kobrick is licensed to practice law in all courts of New York State, as well as in the Federal District Courts for the Southern and Eastern Districts of New York. He is a member of the New York State Bar Association as well as a member of the American Academy Estate Planning Attorneys. Mr. Kobrick is also a member of the National Academy of Elder Law Attorneys. Experience Prior to founding his Garden City Law Firm in 1992, Mr. Kobrick has for many years, practiced law both as a Sole Practitioner, and in partnership in New York City. His practice focuses on elder law, wills, trusts and estate planning. Mr. Kobrick provides quality Estate Planning and Elder Law services to residents of Nassau County, Westchester County and Suffolk County. Anthony M. Moccia Anthony M. Moccia is an attorney licensed to practice law in the State of New York and Partner of The Law Offices of Kobrick & Moccia. Mr. Moccia is licensed to practice law in all courts of New York State, as well as in the Federal District Courts for the Southern and Eastern Districts of New York. He is a member of the New York State Bar Association. Experience Mr. Moccia joined the Law Firm in 2006. As a law clerk and became partner in January of 2015. Mr. Moccia speaks regularly to residents of Nassau County, Suffolk County, and Westchester County about estate planning, wills, trusts, and Medicaid planning. GARDEN CITY HAUPPAUGE HARRISON 1305 Franklin Avenue 150 Motor Parkway 600 Mamaroneck Avenue Suite 170 Suite 401 4 th Floor Garden City, NY 11530 Hauppauge, NY 11788 Harrison, NY 10528 Phone: (516) 248-9500 Phone: (631) 941-3400 Phone: (914) 701-0777 Fax: (516) 248-7606 Fax: (516) 248-7606 Fax: (516) 248-7606 10