Category Probate

Choosing Fiduciaries for Estate Plans

by Bryan Lane Berson, Esq. Typically, an estate plan contains several documents.  Wills, trusts, powers of attorney (“POA”), and health care proxies (“HCP”) fulfill different functions.  They appoint one or more people to carry out different responsibilities.  Collectively, these people are known as “fiduciaries.”  A fiduciary has a legal duty to act for the benefit […]

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 […]