https://schwartsmanlawgroup.com/blog/ New York trusts and estates law firm focused on estate planning, probate and administration, asset protection, Medicaid planning, and fiduciary representation. Offices in Brooklyn, Manhattan, and Manhasset. en-us Sat, 31 Oct 2026 03:36:26 GMT https://schwartsmanlawgroup.com/blog/court-examiners-review-of-fiduciary-accountings/https://schwartsmanlawgroup.com/blog/court-examiners-review-of-fiduciary-accountings/Mon, 26 Oct 2026 13:00:00 GMTBlogBefore a Surrogate's Court accounting is approved, a court examiner often reviews it first. Here's what that review looks for and why it matters. https://schwartsmanlawgroup.com/blog/filing-notice-of-appearance-objections-to-probate/https://schwartsmanlawgroup.com/blog/filing-notice-of-appearance-objections-to-probate/Sun, 25 Oct 2026 13:00:00 GMTBlogBefore you can formally object to a will, you generally need to file a notice of appearance. Here's what that filing does and why timing matters. https://schwartsmanlawgroup.com/blog/family-tree-affidavits-versus-formal-kinship-proof/https://schwartsmanlawgroup.com/blog/family-tree-affidavits-versus-formal-kinship-proof/Sat, 24 Oct 2026 13:00:00 GMTBlogWhen a family structure is well documented but not entirely obvious, a family tree affidavit can help. Here's how it differs from a full kinship proceeding. https://schwartsmanlawgroup.com/blog/proposed-decrees-settling-final-order-surrogates-court/https://schwartsmanlawgroup.com/blog/proposed-decrees-settling-final-order-surrogates-court/Fri, 23 Oct 2026 13:00:00 GMTBlogA Surrogate's Court proceeding doesn't end when the judge decides; it ends when a decree is settled and signed. Here's how that final step works. https://schwartsmanlawgroup.com/blog/renunciation-of-letters-effect-on-fiduciary-priority/https://schwartsmanlawgroup.com/blog/renunciation-of-letters-effect-on-fiduciary-priority/Thu, 22 Oct 2026 13:00:00 GMTBlogA named executor isn't required to serve. Here's how renunciation works in New York Surrogate's Court and who gets appointed instead. https://schwartsmanlawgroup.com/blog/amending-a-petition-after-filing-surrogates-court/https://schwartsmanlawgroup.com/blog/amending-a-petition-after-filing-surrogates-court/Wed, 21 Oct 2026 13:00:00 GMTBlogDiscovered an error after filing a probate or administration petition? Here's how amended petitions work in New York Surrogate's Court. https://schwartsmanlawgroup.com/blog/proof-of-mailing-affidavits-of-service-surrogates-court/https://schwartsmanlawgroup.com/blog/proof-of-mailing-affidavits-of-service-surrogates-court/Tue, 20 Oct 2026 13:00:00 GMTBlogA missing or incomplete affidavit of service by mail can stall a Surrogate's Court petition. Here's what proper proof of mailing requires in New York. https://schwartsmanlawgroup.com/blog/searching-surrogates-court-records-what-you-can-find/https://schwartsmanlawgroup.com/blog/searching-surrogates-court-records-what-you-can-find/Mon, 19 Oct 2026 13:00:00 GMTBlogWondering whether a will was ever probated or a proceeding filed? Here's how record searches at New York Surrogate's Court work and what they reveal. https://schwartsmanlawgroup.com/blog/exemplified-copies-when-out-of-state-courts-need-more/https://schwartsmanlawgroup.com/blog/exemplified-copies-when-out-of-state-courts-need-more/Sun, 18 Oct 2026 13:00:00 GMTBlogSome out-of-state courts and agencies require more than a certified copy of a will or letters. Here's what an exemplified copy is and when you need one. https://schwartsmanlawgroup.com/blog/certificate-of-letters-proving-fiduciary-authority/https://schwartsmanlawgroup.com/blog/certificate-of-letters-proving-fiduciary-authority/Sat, 17 Oct 2026 13:00:00 GMTBlogBanks and title companies often want fresh proof a fiduciary's authority is still valid. Here's what a certificate of letters is and when to request one. https://schwartsmanlawgroup.com/blog/virtual-appearances-in-new-york-surrogates-court/https://schwartsmanlawgroup.com/blog/virtual-appearances-in-new-york-surrogates-court/Fri, 16 Oct 2026 13:00:00 GMTBlogMany Surrogate's Court conferences now happen by video. Here's how virtual appearances work in New York and when you'll still need to show up in person. https://schwartsmanlawgroup.com/blog/surrogates-court-calendar-practice-conferences-explained/https://schwartsmanlawgroup.com/blog/surrogates-court-calendar-practice-conferences-explained/Thu, 15 Oct 2026 13:00:00 GMTBlogReturn dates, compliance conferences, and calendar calls each mean something different in Surrogate's Court. Here's how New York calendar practice works. https://schwartsmanlawgroup.com/blog/affidavits-of-heirship-what-they-can-and-cannot-do/https://schwartsmanlawgroup.com/blog/affidavits-of-heirship-what-they-can-and-cannot-do/Wed, 14 Oct 2026 13:00:00 GMTBlogAn affidavit of heirship can help identify a decedent's family, but it isn't a substitute for a court decree. Here's what it actually accomplishes in NY. https://schwartsmanlawgroup.com/blog/limited-letters-of-administration-narrow-authority/https://schwartsmanlawgroup.com/blog/limited-letters-of-administration-narrow-authority/Tue, 13 Oct 2026 13:00:00 GMTBlogNot every estate task requires full fiduciary powers. Limited letters of administration give New York courts a way to grant narrow, specific authority. https://schwartsmanlawgroup.com/blog/temporary-letters-of-administration-emergency-authority/https://schwartsmanlawgroup.com/blog/temporary-letters-of-administration-emergency-authority/Mon, 12 Oct 2026 13:00:00 GMTBlogWhen an estate needs someone in charge right away, New York courts can issue temporary letters of administration. Here's how the process works. https://schwartsmanlawgroup.com/blog/preliminary-letters-testamentary-acting-before-probate/https://schwartsmanlawgroup.com/blog/preliminary-letters-testamentary-acting-before-probate/Sun, 11 Oct 2026 13:00:00 GMTBlogProbate can take months, but estate business can't always wait. Here's how preliminary letters testamentary let a nominated executor act sooner. https://schwartsmanlawgroup.com/blog/guardians-ad-litem-when-surrogates-court-appoints-one/https://schwartsmanlawgroup.com/blog/guardians-ad-litem-when-surrogates-court-appoints-one/Sat, 10 Oct 2026 13:00:00 GMTBlogA guardian ad litem protects interests a party can't protect alone in Surrogate's Court. Here's when New York courts appoint one and what they do. https://schwartsmanlawgroup.com/blog/fiduciary-bonds-when-surrogates-court-requires-one/https://schwartsmanlawgroup.com/blog/fiduciary-bonds-when-surrogates-court-requires-one/Fri, 09 Oct 2026 13:00:00 GMTBlogNot every executor needs a bond, but some do. Here's when New York Surrogate's Court requires a fiduciary bond and how the cost is determined. https://schwartsmanlawgroup.com/blog/surrogates-court-filing-fees-how-calculated/https://schwartsmanlawgroup.com/blog/surrogates-court-filing-fees-how-calculated/Thu, 08 Oct 2026 13:00:00 GMTBlogNew York Surrogate's Court filing fees are tied to the size of the estate. Here's how the fee schedule under SCPA 2402 works in practice. https://schwartsmanlawgroup.com/blog/order-to-show-cause-vs-citation-difference/https://schwartsmanlawgroup.com/blog/order-to-show-cause-vs-citation-difference/Wed, 07 Oct 2026 13:00:00 GMTBlogBoth bring a party into Surrogate's Court, but a citation and an order to show cause serve different purposes. Here's how New York courts use each. https://schwartsmanlawgroup.com/blog/waivers-of-process-consent-when-they-are-valid/https://schwartsmanlawgroup.com/blog/waivers-of-process-consent-when-they-are-valid/Tue, 06 Oct 2026 13:00:00 GMTBlogA signed waiver can speed up probate, but only if it's executed correctly. Here's what makes a waiver of process and consent valid in New York. https://schwartsmanlawgroup.com/blog/citations-surrogates-court-how-service-works/https://schwartsmanlawgroup.com/blog/citations-surrogates-court-how-service-works/Mon, 05 Oct 2026 13:00:00 GMTBlogA citation is how Surrogate's Court brings interested parties into a case. Here's how service of a citation works in New York and why it matters. https://schwartsmanlawgroup.com/blog/choosing-trusts-estates-litigator-seven-questions/https://schwartsmanlawgroup.com/blog/choosing-trusts-estates-litigator-seven-questions/Sun, 04 Oct 2026 13:00:00 GMTBlogPicking the right attorney for a will contest or fiduciary dispute matters. Here are seven questions New Yorkers should ask before hiring a litigator. https://schwartsmanlawgroup.com/blog/executor-personal-liability-mistakes-cost-fiduciaries-money/https://schwartsmanlawgroup.com/blog/executor-personal-liability-mistakes-cost-fiduciaries-money/Sat, 03 Oct 2026 13:00:00 GMTBlogExecutors in New York can be held personally liable for administration mistakes. Learn the most common errors that lead to surcharge and how to avoid them. https://schwartsmanlawgroup.com/blog/fiduciary-self-dealing-what-courts-do/https://schwartsmanlawgroup.com/blog/fiduciary-self-dealing-what-courts-do/Fri, 02 Oct 2026 13:00:00 GMTBlogSelf-dealing by an executor or trustee breaches the core duty of loyalty. Learn the common warning signs and how New York courts respond. https://schwartsmanlawgroup.com/blog/suspicious-deathbed-transfers-turnover-proceedings-scpa-2103/https://schwartsmanlawgroup.com/blog/suspicious-deathbed-transfers-turnover-proceedings-scpa-2103/Thu, 01 Oct 2026 13:00:00 GMTBlogWhen assets vanish from an estate through suspicious deathbed transfers, SCPA 2103 lets a fiduciary demand their return. Learn how turnover proceedings work. https://schwartsmanlawgroup.com/blog/siblings-co-own-inherited-property-partition-basics/https://schwartsmanlawgroup.com/blog/siblings-co-own-inherited-property-partition-basics/Wed, 30 Sep 2026 13:00:00 GMTBlogWhen siblings inherit property together and cannot agree on selling or keeping it, New York partition actions offer a legal resolution. Here is how it works. https://schwartsmanlawgroup.com/blog/settling-estate-disputes-why-will-contests-end-mediation/https://schwartsmanlawgroup.com/blog/settling-estate-disputes-why-will-contests-end-mediation/Tue, 29 Sep 2026 13:00:00 GMTBlogMost New York will contests settle before trial, often through mediation. Learn why families choose this path and how the process typically works. https://schwartsmanlawgroup.com/blog/in-terrorem-clauses-no-contest-provisions-new-york/https://schwartsmanlawgroup.com/blog/in-terrorem-clauses-no-contest-provisions-new-york/Mon, 28 Sep 2026 13:00:00 GMTBlogNew York enforces in terrorem no-contest clauses more strictly than many states, but with important exceptions. Learn how they work under EPTL 3-3.5. https://schwartsmanlawgroup.com/blog/lost-wills-lost-heirs-how-ny-courts-handle-uncertainty/https://schwartsmanlawgroup.com/blog/lost-wills-lost-heirs-how-ny-courts-handle-uncertainty/Sun, 27 Sep 2026 13:00:00 GMTBlogWhen a will cannot be found or an heir cannot be located, New York courts follow specific rules. Learn how Surrogate's Court handles both situations. https://schwartsmanlawgroup.com/guides/guardianship-guide-new-york/https://schwartsmanlawgroup.com/guides/guardianship-guide-new-york/Sun, 05 Jul 2026 13:00:00 GMTGuideArticle 81 vs. SCPA 17-A guardianship in New York explained: petitions, court evaluators, costs, and alternatives. Free consultation: +1 212 518 3868. https://schwartsmanlawgroup.com/guides/special-needs-trust-new-york-guide/https://schwartsmanlawgroup.com/guides/special-needs-trust-new-york-guide/Sun, 05 Jul 2026 13:00:00 GMTGuideProtect SSI & Medicaid while providing for a loved one with a disability. First-party, third-party & pooled SNTs compared. Free consult: (212) 518-3868. https://schwartsmanlawgroup.com/guides/dying-without-a-will-new-york-intestate/https://schwartsmanlawgroup.com/guides/dying-without-a-will-new-york-intestate/Sun, 05 Jul 2026 13:00:00 GMTGuideWho inherits when someone dies without a will in NY? EPTL 4-1.1 rules for spouses, children & relatives explained. Free consultation: +1 212 518 3868. https://schwartsmanlawgroup.com/guides/gifting-strategies-new-york-guide/https://schwartsmanlawgroup.com/guides/gifting-strategies-new-york-guide/Sun, 05 Jul 2026 13:00:00 GMTGuideAnnual exclusion gifts, 529 plans, family loans, and the NY 3-year add-back — smart gifting to cut probate estates. Free consultation: +1 212 518 3868. https://schwartsmanlawgroup.com/guides/new-york-estate-tax-cliff-guide/https://schwartsmanlawgroup.com/guides/new-york-estate-tax-cliff-guide/Sun, 05 Jul 2026 13:00:00 GMTGuideNY's estate tax cliff can erase the entire $7.35M exemption. See how the 105% rule works and planning moves that avoid it. Free consultation: +1 212 518 3868. https://schwartsmanlawgroup.com/guides/estate-planning-for-seniors-new-york/https://schwartsmanlawgroup.com/guides/estate-planning-for-seniors-new-york/Sun, 05 Jul 2026 13:00:00 GMTGuideUpdating estate plans after 65 in New York: capacity, titling, RMDs, avoiding probate for widows, and scam protection. Free consultation: +1 212 518 3868. https://schwartsmanlawgroup.com/guides/elder-law-planning-new-york-guide/https://schwartsmanlawgroup.com/guides/elder-law-planning-new-york-guide/Sun, 05 Jul 2026 13:00:00 GMTGuideNew York elder law planning by decade: long-term care costs, Medicaid vs. private pay, home protection, and elder abuse safeguards. Call (212) 518-3868. https://schwartsmanlawgroup.com/guides/medicaid-asset-protection-trust-new-york/https://schwartsmanlawgroup.com/guides/medicaid-asset-protection-trust-new-york/Sun, 05 Jul 2026 13:00:00 GMTGuideProtect your home and savings from nursing-home costs with a New York MAPT. 60-month look-back explained. Free consultation: +1 212 518 3868. https://schwartsmanlawgroup.com/guides/estate-planning-checklist-new-york/https://schwartsmanlawgroup.com/guides/estate-planning-checklist-new-york/Sun, 05 Jul 2026 13:00:00 GMTGuideA step-by-step New York estate planning checklist covering documents, beneficiaries, titling, taxes, and probate exposure. Free consultation: +1 212 518 3868. https://schwartsmanlawgroup.com/guides/trust-administration-new-york-guide/https://schwartsmanlawgroup.com/guides/trust-administration-new-york-guide/Sun, 05 Jul 2026 13:00:00 GMTGuideHow New York trust administration works: trustee duties, EPTL 11-A income and principal rules, taxes, distributions, and probate-free transfers. Free consult.