Monthly Archives: October 2012

Estate Administration in New York: Probate and Intestate Administration
by Bryan Lane Berson, Esq. Estate administration is the settlement of the estate of a deceased person (the “decedent”). A fiduciary satisfies creditors, distributes assets to beneficiaries, and pays estate taxes. This column considers estate administration where a decedent dies (1) with a will or (2) without a will. In both situations, New York’s Surrogate’s […]

The Estate Planning Process: The Basics
by Bryan Lane Berson, Esq. An estate plan accounts for one’s assets, identifies recipients, and selects people to carry out instructions. Where appropriate, it may address tax and elder law issues. Consider these issues before meeting with professionals to make the process and plan more effective. This column discusses wills, revocable living trusts, and beneficiary […]

Health Care Proxies and Living Wills
by Bryan Lane Berson, Esq. Health care proxies (“HCP”) and living wills are advance directives. They explain one’s wishes about medical decisions and treatment. A principal can revoke them up until the time the principal becomes incapacitated. Advance directives provide binding instructions about treatment. In the absence of an advance directive, the person’s wishes may […]

The Commercial Leasing Environment
by Bryan Lane Berson, Esq. Manufacturing and most service businesses lease dedicated space for their operations. Commercial landlords and tenants (hereinafter “parties”) memorialize their agreements in commercial leases. Most people are familiar with residential leases, but commercial leases and the applicable landlord-tenant law are quite different. State law tends to protect residential tenants far more […]