| Read Time: 4 minutes | Wills

What Is the Difference Between an Executor and an Administrator in New York?

When a person dies, their assets must be distributed. The distribution process varies based on whether the person had a valid will and the size of their estate. If the person who died, legally known as the decedent, had a will, an executor is responsible for administering the estate. If the decedent died without a will or their estate...

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| Read Time: 4 minutes | Breach of Fiduciary Duty

Proving a Breach of Fiduciary Duty Claim

Many fiduciaries have a significant amount of power and control over their clients’ financial lives. When a fiduciary breaches their duties, it can have severe economic and personal consequences for the victims. If you are the victim of a breach of fiduciary duties, you probably want to hold the perpetrator accountable and recover compensation for the damage they have...

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| Read Time: 4 minutes | Breach of Fiduciary Duty

What Damages Are Available for Breach of Fiduciary Duty?

Most people need to trust professionals to handle certain financial and legal matters. When things go well, these relationships can be extremely beneficial to everyone involved. However, with this trust comes a level of vulnerability. When the trust is violated, it can have severe ramifications for the victim. Some professionals have so much power over their clients’ financial matters...

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| Read Time: 4 minutes | Estate Planning

Who May Serve As Administrator of a Decedent’s Estate?

When a loved one dies intestate (without a will), the procedures surrounding the distribution of their estate can be opaque and confusing. In New York, intestate succession laws govern how the estate must be distributed, and the Surrogate Court’s procedural laws dictate who may serve as administrator of a decedent’s estate. These laws are relatively rigid and can leave...

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| Read Time: 4 minutes | Breach of Fiduciary Duty

Can I File Suit If Someone Breaches a Fiduciary Duty?

New York Law imposes a heightened standard of care on people who occupy specific positions of trust and responsibility. These legal requirements are known as fiduciary duties. Fiduciary duties are legally enforceable and help hold professionals to a high standard. Due to the harm violating a professional relationship can cause, victims can file suit if someone breaches a fiduciary...

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| Read Time: 4 minutes | Medicare

What Should Be Included in an Advance Directive?

Planning for the worst is challenging. Most of us would rather put off having conversations about what to do if we are incapacitated or how we wish to be cared for at the end of our lives. Preparing for these scenarios is so difficult one study estimates only one in three Americans ever completes an advance directive. But formulating...

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| Read Time: 4 minutes | Elder Law

What Questions Should I Ask My Elder Law Attorney?

Elder law lawyers provide a range of valuable services that older individuals tend to need. Scheduling a meeting with an attorney can be the first step towards setting yourself and your family up for a successful future. When arranging an appointment, you may wonder, What questions should I ask an elder law attorney? Preparing the right questions can help...

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| Read Time: 5 minutes | Estate Planning

Life Estate vs. Irrevocable Trust: What Is the Difference?

Life Estate vs Trust A life estate lets someone use property for life, with ownership passing to a beneficiary after death. A trust, managed by a trustee, controls assets for beneficiaries and offers more flexibility, tax benefits, and avoids probate. Preserving our assets for future generations can be a difficult task. There is a large array of estate planning...

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| Read Time: 5 minutes | Breach of Fiduciary Duty

Who Can Be Held Liable for Breach of Fiduciary Duty?

At the Law Office of Andrew M. Lamkin, P.C., we understand how damaging a breach of trust can be. In the contexts of estate planning, estate administration, and residential real estate, professional relationships are often built on a foundation of trust and accountability. Thankfully, the law imposes specific standards on many professionals who work in these industries. These standards,...

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| Read Time: 4 minutes | Probate

How to Sell a House During Probate

We understand how difficult it is to lose a loved one. In addition, the legal process of sorting out your loved one’s estate can seem overwhelming when you are grieving. However, it may be comforting to know that a probate lawyer can help you navigate the oftentimes complex probate procedures in New York.  At the Law Office of Andrew...

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| Read Time: 4 minutes | Elder Law

What Is a Breach of Fiduciary Duty?

Have you recently been appointed the executor, trustee, or administrator of an estate? If so, you may have been presented with the term “fiduciary duty.” And you may wonder, What is a breach of fiduciary duty? It is understandable that this term is unfamiliar to you if you have never been appointed to manage an estate before. Therefore, we...

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| Read Time: 5 minutes | Estate Planning

The Legal Documents Every LGBTQ Older Adult Needs

Estate planning is critical for everyone, whether you’re married, single, straight, or LGBTQ. Marriage equality became the law of the land in 2015, with the U.S. Supreme Court decision in Obergefell v. Hodges. However, because of historical and ongoing discrimination, those in the LGBTQ community who are aging often rely on partners or caregivers with whom they have no...

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| Read Time: 4 minutes | Probate

What Happens When a House Is Sold Through Probate?

Transferring property after someone dies can be challenging. When a person dies in New York, their entire estate must be dispersed according to the instructions in their will, living trust, or intestacy laws. If the deceased person, also called the decedent, didn’t leave a will, or set up a trust, then the probate court must determine who receives any...

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| Read Time: 4 minutes | Probate

What Is a Probate Sale in New York?

A probate sale is the sale of a deceased person’s real property overseen by the probate court. Because there might be competing interests in that real estate, there can be legal ramifications to buying, selling, or possessing property from a probate sale. When you are participating in a probate sale, an attorney familiar with New York’s Surrogate Court and...

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| Read Time: 4 minutes | Estate Planning

Common Estate Planning Mistakes to Avoid

While many people know the value of estate planning, only one in three Americans has a will. For most people, the number one reason for not having an estate plan is that they simply haven’t gotten around to it yet. Neglecting to plan for the future can have unexpected and undesirable consequences for your family. An estate plan can...

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| Read Time: 4 minutes | Wills

Are Handwritten or Oral Wills Enforceable in New York?

A will is a legal document that explains how a person’s assets and belongings should be distributed after their death. In New York, there are rules a will must follow to be valid and enforceable. Handwritten wills and oral wills do not usually follow these rules. Because of this, handwritten or oral wills are only enforceable in New York...

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| Read Time: 4 minutes | Probate

What Happens After A Probate Is Closed in New York?

The probate process begins when a person dies, and the family delivers the person’s will to the probate court. The probate court appoints a personal representative who manages the estate. That person is legally responsible to the family and other interested parties for how they handle the estate. Once the personal representative distributes the estate assets, the probate process...

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| Read Time: 4 minutes | Medicaid

Does Medicaid Cover Dental in New York?

Medicaid covers dental services in New York, including routine exams, cleanings, fillings, extractions, and dentures. Coverage details can vary, so it’s important to check specific plan benefits and provider availability. The Medicaid program in each state can choose to include dental care coverage for its adult Medicaid recipients. Medicaid dental coverage in New York includes emergency and routine dental...

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| Read Time: 4 minutes | Estate Planning

Questions to Ask an Estate Planning Attorney

Estate planning encompasses a wide range of things you can do to prepare for retirement, disability, or death. With a comprehensive estate plan, you can grow older knowing that your family will be cared for after your death.  Memorializing your plan means your family can receive what you wish them to inherit without fighting through probate. You can know...

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| Read Time: 3 minutes | Estate Planning

When to Hire an Estate Planning Attorney

Estate planning is the process of determining how you will provide for your loved ones after your death. When you sit down with your estate planning lawyer, they will ask about your assets and thoughts on how you want to distribute them. They will also help you plan for when you are incapacitated and unable to explain your wishes....

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