UPDATE: As of January 4, 2012, two bills that are currently in the NYS Assembly and Senate, have been referred to the Comittee on Judiciary for consideration. If passed, this will affect how all attorneys that prepare Last Wills and Testaments and administer estates in New York State operate. Bill A5019 would add a new section (11-3.5) to the Estates, Powers and Trusts Law "to allow a beneficiary entitled to take under a will the ability to bring a cause of action against the attorney who administered such will for the negligent administration thereof" (Source:NYS Assembly Memorandum in Support of Legislation). The second bill is S. 808 and A. 526 and, under the new section 2509 of the Surrogate's Court Procedure Act, establishes a Registry of wills and codicils for each county. "Upon the execution of any will or codicil, the attorney for the maker of the will or codicil shall, within ten (10) days after its execution, deliver to the Surrogate's Court the information pertaining to the will or codicil. Such information may be delivered by mail or electronic means" (Source: NYS Assembly Memorandum in Support of Legislation).
Recently, many Surrogate's Courts have been sending letters under Uniform Rule Section 207.42 - Report of estates not fully distributed. According to Section 207.42 (c), failure to file may constitute a ground for disallowance of commissions or fees. If you have received these letters, EPS has the expertise to assist in addressing the Courts' concerns and finalizing the estate.
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