What You Need to Know about an Estate Inventory
If you are serving as the executor of someone’s will, one of the most important tasks you will need to do is to complete an inventory of the decedent’s estate. This could feel like an overwhelming process, especially if the deceased person had a lot of assets. However, knowing more about the process you are […]
Tips for Handling an Out-of-State Probate
Losing a loved one is an emotional and life-changing experience. You might be tasked with the responsibility of settling the estate while also grieving your loss. It can be a challenging time in anyone’s life. However, it becomes complicated when you must go through probate for out-of-state property. Many people move to various states throughout […]
Wills, Trusts, and Estates- What’s The Difference?
A Will is a legal document that controls where your assets go upon your passing. A Will only controls assets that are in your name alone. The will also has to go through a Court process called Probate to give legal authority to the executor (person who fulfils the directions in the will) at the […]
Estate Planning Is More Important Than Ever in These Uncertain Times
Truth be told, none of us knows what the future holds. The outcome of US tax legislation proposals remains highly uncertain. It is unclear whether estate and gift tax exemptions will be cut in half, but whatever happens will affect all deaths and transfer of wealth after December 31, 2021. As part of your asset […]
What Is the Process of Administering an Estate in Court?
The probate process entails judicial officials, such as probate judges, processing the will of a decedent. State probate laws may vary, but the general process is similar across the country. Probate is the process of proving a decedent’s will. A probate judge will also oversee cases where the deceased person did not prepare a will, […]
Daniel R. Miller Named to Super Lawyers 2020 Rising Stars
Miller & Miller Law Group PLLC is pleased to announce that Daniel R. Miller has been named to the 2020 New York Metro Rising Stars List. To qualify, New York Metro Rising Stars must be 40 years old or younger or have been practicing for less than 10 years. Recipients represent the top 2.5% percent […]
What are non-probate assets and how to recover them?
When a person passes away, their estate is often comprised of probate assets and non-probate assets. Probate assets are assets that will be distributed according to the decedent’s Last Will & Testament. These assets are titled solely in the decedent’s name. Non-probate assets are sometimes called testamentary substitutes. These assets have beneficiaries associated with the […]
What commissions are an Executor or Administrator entitled to?
An Executor or Administrator of a decedent’s estate is entitled to a commission. The job of the Executor or Administrator is to gather all the assets of the decedent, pay the liabilities, and distribute the funds according to the decedent’s Last Will & Testament or according to the intestacy rules of New York. The executor […]
What is an Ancillary Probate or Ancillary Administration Proceeding?
When a person passes away with real property in multiple states, an ancillary proceeding may be necessary. The primary probate proceeding (if the person passed away with a Last Will & Testament) or primary administration proceeding (if the person passed away without a Last Will & Testament) is commenced in the State and County where […]
Joint Ownership of Real Property- Different Ways Real Property can be Titled
Title to real property can be held in three different ways; tenants by the entirety, tenants in common, and joint tenants with rights of survivorship. Tenants by the entirety- the property is owned by a married couple. The deed will usually state the parties as husband wife. For example the deed would say “John Doe […]