Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

Slow Moving Surrogate’s Courts Have Become A Reason To Create Revocable Trusts In Place Of Wills

By Philip Bernstein on February 21, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

Over the past several years, the budget axe has fallen upon our Surrogate’s courts. The loss of personnel has resulted in huge backlogs in clerks’ offices. A simple application for  Letters of Administration may  literally  take months during which time it may be impossible to insure property of the estate. An application to sell the decedent’s  real property may languish for months during which time the costs of maintenance, taxes, and insurance, need to be covered, rents may have to be collected and mortgages paid. During this elapse of time, contracts  of sale may  fail. Vacant property may be vandalized.

Contrast this with the revocable trust which provides for a seamless administration of the decedent’s estate without the delay and expense of a probate or administration proceeding. The trustee appointed by the creator of the trust has the power to take all of the steps needed to either continue the business of the estate or to wind it up without costly and time consuming delays. The Surrogate’s Court remains available in the event that a person interested in the trust seeks an accounting from a trustee or seeks redress for a breach of fiduciary duty but all in all, the revocable trust has come to be a far more reliable vehicle than a probate or administration proceeding.

  • Posted in:
    Probate & Estate Planning
  • Blog:
    The New York Probate Litigation Blog
  • Organization:
    P.M. Bernstein PC
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status

New to the Network

  • Agha Law blog
  • Woven Legal Blog
  • Bid Protests
  • Contract Claims
  • Federal Procurement
Copyright © 2024, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo