Legal Question in Wills and Trusts in New York

Will probate and change of executor

My father recently passed away. In his will my sister, who lives out of the country, is listed as the executor. She has agreed to resign as executor since no longer lives in the US. We're thinking that this will be easier. I am listed in the will to replace her if she resigns. I live in DC; my father was a resident in NY. Is it possible for me to do the executor change and the filing for probate using an attorney in DC? or will I have to do the legal filing in New York?

How do we determine what part of his estate is part of the probate?

Thank you...


Asked on 8/08/02, 2:35 pm

1 Answer from Attorneys

Robert Beatson, II Law Offices of Robert Beatson, II

Re: Will probate and change of executor

Probate will take place in New York using an attorney licensed in New York. The NY licensed attorney can be based in the DC metropolitan area where you live. Administration of the Estate under NY law will depend on development of the facts and circumstances. There are NY estate administration issues, as well as Federal and NY tax issues, that need to be carefully considered and dealt with. There are certain time periods that are applicable for administration of a regular estate and for filing of Federal and NY income tax returns. An experienced estate administration/tax attorney should be able to handle this under NY and Federal law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of NY. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal/tax support. Sincerely, Robert Beatson, II; 8-8-2002, 3:00 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.

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Answered on 8/08/02, 2:54 pm


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