The Law Offices of Daniel Timins Blog

How the Probate Court Screws You if You are Old (OR: How to Screw Over Your Family if You Are Disinherited in the Will): Personal Service and New York Surrogate’s Court

Posted on March 26, 2018

Many people have a horror story, how Probating your family member’s Will took years, was a pain in the neck, and Aunt Mildred’s lawyer was to blame. And this is often at least partially true: New York Probates can have unusual complexities that will blindside an unsuspecting attorney. In my last blog I gave several reasons why the Court itself is usually to blame. Now I would like to focus on one way the system itself is faulty: New York’s Surrogate’s Court requires personal service on the next-of-kin. When a person dies and their Will is being submitted to New York’s Surrogate’s Court it must include (among other things) an original Death Certificate, a Petition requesting the Court to

Life-Draining Probate? It’s Probably the Court’s Fault

Posted on March 14, 2018

There are many, many attorneys who are not experienced in handling New York Surrogate’s Court cases or qualified to handle anything except the easiest Probate. This article isn’t about them. This article is about how an agonizingly-long, Probate of a Will is most likely the Court’s fault. New York’s Surrogate’s Court used to be the Unified Court System’s neat china doll in a house full of dirty toys: Every clerk in every county was professional, smart and helpful (except Queens County, they were awful), Probates moved forward quickly, and questions were answered on the spot. Yes, certain counties did things “their way” (I.e. NOT the way the Surrogate’s Court Procedures Act outlines how Probate should be administered), but not

When a Trust Beneficiary Doesn’t Have a Copy of Their Trust

Posted on March 1, 2018

The last few generations have seen an immense growth in wealth that can be transferred to family members. They have also seen an increase in the types of temptations available to those family members: More drugs, more frivolous items to spend on, more high-risk business opportunities that don’t pan out. So wealthy family members leave these bequests using trusts, so the funds may be protected from the beneficiary, for the beneficiary. But what happens when a beneficiary can’t find their copy of the trust, and what rights does that beneficiary have over those funds? I see this problem at least once per week: The beneficiary’s parent / grandparent / uncle left them funds in a trust, but the beneficiary

Should I Share My Will with My Financial Advisor?

Posted on February 26, 2018

And the answer is: No. Usually. See you next week. Okay, okay, I’ll elaborate. Your Last Will and Testament is a confidential document while you are alive. When you pass away your Will may be Probated in a court – at which time it’s contents are publicly available – so that your estate’s assets are properly distributed to your choice of beneficiaries. So only you and your lawyer have access to the contents of your Will. Disinherit your son? He can’t find out while you are alive. Have more assets than your family knows about? They shall continue to live in ignorance. Don’t trust third parties with access to your confidential information? No problem, nothing to see

Don’t Leave Money to Charity Using Your Will

Posted on December 28, 2017

Charities receive some of their largest gifts upon the passing of a benefactor. While this is a kind gesture on your part, if you live in New York you should leave money to your preferred charity using any method other than your Will. Probate is Annoying: Probating a Will requires New York’s involvement, meaning Probate can be an expensive, tedious and slow process. You will need to both place the charity on notice that they are a beneficiary under the Will, send them their funds, and procure a Release from the charity. All of this takes time, meaning an attorney is billing for all of this. Attorney General’s Involvement: As if New York’s courts weren’t inefficient enough for