Jason D. Jones, Esq.

The ability to determine how The ability to determine how one’s wealth will be distributed at death is among the most fundamental rights recognized under New York law. A properly executed will is not merely a financial instrument; it is an expression of autonomy, judgment, and deliberate intent. The Surrogate’s Court protects that right rigorously. It polices just as rigorously any effort to subvert it. Undue influence is one of the principal grounds upon which a will may be challenged in...

Exempt property for the benefit of family as set forth in EPTL Article 5-3.1 explains that if a person dies leaving a surviving spouse or children under the age of twenty-one, then certain property items are not considered assets of the Decedent’s estate and instead, are passed down to the Decedent’s surviving spouse or children. During the settlement of the Decedent’s estate, exempt property is deemed as being reasonably required for the support of the surviving family. The court may...

Revocation of Wills is addressed in EPTL Article 3-4.1 and explains that there are various ways that a will can be revoked or altered....