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Wills and Probate

In a will, a person or "testator" expresses, in writing, what he (or she) wants done with his property after he dies. Most states require wills to be signed by the testator and witnessed by two people. "Probate" is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased person or "decedent" to his heirs. Probate proceedings take place in the probate court or surrogate court in the county of the decedent's legal residence at the time of his death. If a person dies "intestate," meaning "without a will," state law determines how to distribute his property.

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Legal articles focusing on Wills and Probate Law
Probate
Probate is a court proceeding in which final debts are settled and legal title to property is formally passed from the deceased to his or her heirs. Find out more about the probate process and visit our message board on the topic.
Will Basics
A will is a very important part of your estate plan because it sets forth exactly how you want your property to be handled after you die, and it can make sure that the person you want for the job does in fact take care of your children after you die. But, your will must be valid to be effective.
Necessary Will Provisions
Provisions in a will vary depending on a person's situation. There are some things that need to go into your will regardless of your circumstances. Other things become crucial depending on your individual needs and desires. Make sure your will covers everything it needs to.
Life Estates
A life estate is an interest in real property that gives a person the right to live in, use and enjoy the property during his or her lifetime. The life tenant's ownership ends when the person dies so the life tenant cannot leave the property to heirs but may transfer their interest to another.
Personal Gifts in Wills
Personal gifts can be made while a person is alive or they may be made after death, according to that person's will. When a gift is given during someone's lifetime, it is called an inter vivos gift. When a gift is transferred upon a person's death by a will, it is called a testamentary gift.

Ask a Lawyer - Wills and Probate Law questions answered by leading lawyers
Remedies of Beneficiaries of Will When Executor Refuses to Carry Out Terms of Will.

Mother dies and leaves house to 5 children. One is executor and has probated the will but 4 out of 5 do not want to sell house. The will states all assets should be liquidated and divided evenly. It has been 1 year since death. What can he do, he is not executor? House is being rented out to one sibling and an other family since it is a 2 family house. House is paid in full and rental is positive cash flow of 2,000/month. No information is being shared. No access to expenditures. What can be done? He would like to be bought out and doesn't want to be involved in long term situation. Can an estate get a loan?
Who Gets Estate Property When a Beneficiary Dies Before Receiving His Dhare?

Three beneficiaries were left to split a property equally. One beneficiary, who has no spouse or children died intestate, without receiving his share of the property. Are the other 2 beneficiaries obligated to give his share to his siblings and surviving parent? How strong of a case does this surviving family have?
Where Should Court Papers Authorizing the Administration of an Estate Be Filed?

When a person dies in NY State with no will to discern their assets and multiple (adult) children, which jurisdiction must legal documents be filed?
Hiring an Attorney to Protect a Beneficiary's Interest in a Decedent's Estate.

My mother passed away just under a year ago and her estate is not settled yet. As a matter of fact, back taxes are owed and her funeral isn't even paid for yet. The estate is in Michigan but I live in New York. I don't believe the Executor, who happens to be my sister and one of the 5 heirs, is operating in my best interests and I would like to have her removed. At the very least, I'd like to get an attorney to represent my interests since I am in another state and assets are being disposed of without my consent. What is the best course of action to accomplish this? Thanks!
Can a Felon Receive Letters of Administration of an Estate?

A father in New York dies without a will; he has no wife. The father leaves behind two children. One of the children has been charged with felony DWI 13 years ago and posses a certificate of relief from disability. Does the DWI charge disqualify him from letters of administration?

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