Adding another person’s name to a bank or investment account does not always mean that person owns the money after the original owner’s death. Sometimes a joint account is created only so that a trusted relative can help pay bills or manage finances. In Matter of Cooper, the Nassau County Surrogate’s Court considered whether several
Executors are generally entitled to receive compensation for administering an estate under New York law. In most cases, that compensation is calculated according to a statutory formula based on the value of the probate estate. However, a will may provide that the executor is to serve without compensation. Matter of Goldberg presented the question of
A trustee is responsible for managing trust property, making distributions to beneficiaries when appropriate, and carrying out the wishes of the person who created the trust. Although beneficiaries may disagree with a trustee’s decisions, not every disagreement is grounds for removal. In Matter of Damiano, the Appellate Division, Third Department, considered when a New York
The Queens County Surrogate’s Court considered whether an executor could evict fellow beneficiaries from estate property in order to sell the property. In Matter of Pisarik, the court examined the limits of an executor’s authority when beneficiaries become co-owners of inherited real estate and whether estate administration justified removing those occupants from the property.
Background
When someone dies, money held in the person’s bank accounts does not automatically become available to family members. In most cases, the bank must wait until an executor or administrator has been appointed and presents the appropriate court-issued authority, such as Letters Testamentary or Letters of Administration, before releasing estate funds. If a bank distributes
Estate administration often depends on accurately identifying a deceased person’s heirs. When questions arise about whether all potential distributees were disclosed during an administration proceeding, Surrogate’s Courts may be asked to determine whether a fiduciary obtained appointment through a material misrepresentation and whether removal is warranted. In Matter of Micka (Rivera), the Putnam County Surrogate’s
Estate administration depends on accurate information being provided to the Surrogate’s Court. When someone seeks appointment as an administrator, the petition must correctly identify the decedent’s heirs and other interested parties. If later evidence suggests that information in the petition was incorrect, questions may arise about whether the fiduciary’s appointment should be revoked. In Matter
In New York probate proceedings, not every family member has the right to object to a will. A person must have standing, meaning that the person must show that probate of the will would negatively affect his or her financial interest in the estate. In Matter of Kelman, the Suffolk County Surrogate’s Court considered whether
When someone acts under a power of attorney, that person is a fiduciary. That means the agent must act for the principal’s benefit, keep accurate records, avoid self-dealing, and explain financial transactions when later called upon to account. In Matter of Goldstein, the Westchester County Surrogate’s Court considered contested accountings filed by a fiduciary who
When someone dies without a will, determining who has the legal right to inherit is often one of the first issues that must be resolved. In some cases, family members may disagree about who qualifies as an heir, particularly when questions arise about paternity or family relationships. A February 2026 decision from the Bronx County