Executors are responsible for handling the administration of an estate until it is “settled” or closed. Once the assets have been marshaled, bills have been paid, specific bequests distributed, and any outstanding issues resolved, the fiduciary (the executor or administrator) must prepare an “accounting.” An accounting must be done before the estate’s remaining assets (called the “residuary”) can be distributed to beneficiaries and before the executor will be released from all claims regarding the administration of the estate.
Articles written by
Michael Giusto
Don’t Risk Denial of Your Insurance Claim: Double Check Your Application
Filling out an application for insurance seems like a straightforward step, but it can cause problems if you are not careful. Mistakes can happen. Unfortunately, a recent court decision makes clear that such a mistake can be very costly and result in denial of coverage even if it was an innocent error.
When Can Executors Honor a Power of Attorney?
One of the responsibilities of an estate executor or administrator is dealing with beneficiaries of an estate. What appears to be a straightforward task can be complicated when the executor is contacted by someone who claims to hold a power of attorney (POA) for a beneficiary of the estate (also known as an “attorney-in-fact”). An attorney-in-fact is typically involved when a beneficiary is elderly or disabled and cannot act on his/her own behalf. There are special rules in place for New York executors when they deal with an attorney-in-fact. They cannot necessarily recognize the POA unless certain requirements are met.
Changes to Employer Responsibilities under the Family Medical Leave Act
Employers should be aware of a recent court decision regarding their responsibilities in considering an employee’s request for a medical leave under the Family Medical Leave Act (FMLA). FMLA is a federal statute, which applies to employers with 50 or more employees. It requires an employer to provide “qualified employees” with up to 12 weeks of leave in a year for family or personal medical circumstances. The court case which was just decided clarified who is responsible for determining whether an employee is eligible for FMLA and what steps employers have to take before they make a decision about eligibility.
How to Handle Digital Assets in Your Estate Plan
Increasingly, individuals are accumulating digital assets that they may want to pass on after their death. Social media accounts, websites, online libraries of content and the like can often be inherited like any other asset. Accordingly, individuals working on their estate planning should address how they want the executor of their estate to handle such assets in order to avoid complications after their death.
When It’s Just Too Much: Limits on Fees Charged by a Zoning Board of Appeals
As many property owners may know, zoning restrictions can have a significant impact on how a property can be used and improved. A zoning board of appeals (“ZBA”) is an independent board whose decisions impact a landowner’s property rights and can frequently affect the value of the property. Municipalities have authority to charge fees for the ZBA’s functions. However, there are limits on such fees of which landowners should be aware.
What You Need To Do To Safeguard Your Will and Property
A will is an important document needed to ensure that your loved ones are taken care of in a manner that you see fit. However, it’s not enough to prepare and execute a will. Important steps must be taken to safeguard your will and estate plan is actually carried out as you intend. One easily overlooked step, but which a former colleague turned Court attorney assures me comes up frequently, is securing the whereabouts of your original will and leaving behind appropriate information to aid those who will be handling your estate.
When your employees’ statements can be held against you in court
Business owners may not realize that statements by their employees could be used as evidence against the business in litigation. An adversary seeking to introduce evidence of an employees’ statements does not even have to subpoena the employee to testify in court. Instead, the employees’ statements may be admissible hearsay under the rules of evidence. Although this is currently only allowed in limited circumstances, New York State is considering making the rule broader, which could have a significant impact on businesses.
Suing the Government Just Got a Little Bit Easier
In New York, before you can begin suing the government for personal injury or property damage, you must file a Notice of Claim within 90 days after the claim arises. Miss the deadline and your claim is usually barred. However, courts do have limited discretion to allow service of a late notice in certain circumstances. Now thanks to a recent court case, it’s a little easier for plaintiffs to bring a lawsuit even if they missed the deadline.
Obstacles in Identifying the Assets in an Estate
The executor or administrator of an estate has a duty to “marshal”—or collect—all of the decedent’s assets so the assets can be distributed to the appropriate heirs. Usually, this is a simple process. However, sometimes executors and administrators face obstacles in identifying the assets in an estate, where the assets are located and how to obtain possession of the assets. It is important to know the tools available to overcome obstacles in collecting and preserving the decedent’s assets in order to protect the beneficiaries of the estate and avoid liability.