CLE: ‘Administering Real Property in a Decedent’s Estate in New York’ on July 28, 2020

CLE: ‘Administering Real Property in a Decedent’s Estate in New York’ on July 28, 2020

Daniel J. Reiter, Esq. will be teaching a Continuing Legal Education course on Administering Real Property in a Decedent’s Estate in New York on July 28, 2020 at 3:30pm.

The course will be hosted by LawLine and will be streamed live via webcast.

You can sign up for the program by registering on the LawLine website.

Course Description

The passing of title to real property and cooperative shares in New York by a decedent to a beneficiary requires a careful analysis by the attorney advising executors, administrators, trustees, and beneficiaries. Title to real property, and shares in a cooperative corporation, can pass in a multitude of ways. Depending on how property is titled, the right of a fiduciary to administer real property can range from extremely broad (passing to the residuary estate in a will), to limited (a specific devise in a will of real property that needs to be sold to pay estate debts), to non-existent (property titled as joint tenants with rights of survivorship).

Presented by Daniel J. Reiter, Esq., this program will benefit trusts and estates attorneys and real estate attorneys in New York State.

Learning Objectives

  • Differentiate how New York law treats real estate and shares in a cooperative corporation
  • Discuss how property passes outside of probate via life estates, joint tenancy with rights of survivorship, and tenancy by the entirety, and differentiate these titles from tenants in common
  • Explore the laws of automatic vesting of real property via a specific devise in a will or intestacy
  • Review the powers of the executor or administrator depending on how property is titled
  • Analyze the Surrogate’s Court Procedure Act, article 19
  • Identify special rules relating to executors’ and administrators’ deeds
  • Deal with title companies
  • Administer property in a lifetime trust

You can sign up for the program by registering on the LawLine website.

Categories: Firm News, Real Estate

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Frequently Asked Questions

If I petition to have a guardian appointed in a Mental Hygiene Law Article 81 proceeding, will I have to serve as guardian?

No. Even if you are the “petitioner” – the person who is asking the judge to appoint a guardian – you can ask the judge to appoint someone else. If there are no family or friends willing and able to serve, the judge can appoint a non-profit organization or “independent” professional guardian to serve.

My disabled child is about to turn 18. Am I automatically able to make decisions for them when they turn 18?

No (except for limited exceptions). In New York, parents are the natural guardians of their children until age 18. However, once a child reaches 18, even if they are developmentally or intellectually disabled, a parent cannot automatically make decisions for their adult child. Guardianship is often necessary for developmentally and intellectually disabled adults who do not have capacity to manage their own affairs without assistance.

If I am appointed guardian, can I force my ward to take psychiatric medication?

Although most guardians are authorized to make routine and non-routine medical decisions on behalf of their ward, the administration of psychiatric medication to a person who objects requires special authorization from a judge, even if you were already appointed guardian.

How long does it take to get a guardian appointed and authorized to act in a Mental Hygiene Law Article 81 proceeding?

There is no set time. However, from the time counsel is retained, it usually takes about 2-4 months total for the guardian to begin acting. However, if a guardian is needed immediately, the judge can appoint a “temporary guardian” while everything gets sorted out. This speeds up the process.

What is the difference between a guardian and a conservator?

Generally, none. New York used to use the terms conservator (today’s version of guardian of the property) and committee (today’s version of guardian of the person). Many states still use the term conservator, but the concept is the same.

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What Our Clients Say

“Daniel Reiter is an honest attorney. He handled my brother’s estate with professionalism, diligence, and sensitivity. … I would recommend him highly!”
– Former Client
“Our experience with Daniel was great. … We highly recommend Daniel for anyone needing a strong, competent, and honest attorney.”
– Former Client
“Daniel is extremely thorough, very easy to deal with, he invests time to make sure that the issues are understood and clear.”
– Former Client
“Daniel is a true professional who takes pride in doing good work.”
– Former Client