TLC LogoTotal Lift Choices, The Advance Planning Program of the New York Legal Assistance Group
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Total Life Choices (TLC) provides free legal services to promote and protect the dignity of each individual.  TLC attorneys and volunteers empower individuals in articulating and documenting crucial lifetime, incapacity, and end-of-life choices through education and legal planning.  TLC counsels families on complex court procedures for probate, administration and guardianship.

 

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Total Life Choices (TLC)
New York Legal Assistance Group
7 Hanover Square, 18th Floor
New York, NY 10004

Phone: (212) 613-5000
Fax: (212) 714-7402

Probate Proceedings (Estates, Powers and Trusts Law § 1408)

EPT § 1408. Probate not allowed unless court satisfied


1.  Before admitting a will to probate the court must inquire particularly into all the facts and must be satisfied with the genuineness of the will and the validity of its execution. The court may, however, accept an affidavit of an attesting witness in the manner and under the circumstances prescribed in this article.

2.  If it appears that the will was duly executed and that the testator at the time of executing it was in all respects competent to make a will and not under restraint it must be admitted to probate as a will valid to pass real and personal property, unless otherwise provided by the decree and the will and decree shall be recorded.

3.  Where the petition alleges that the testator has disappeared under circumstances sufficient to justify the belief he is dead the court shall take proof of the facts.  If it appears that the testator is dead the court may make a decree determining such fact and admitting the will to probate. The decree shall be binding in its effect upon the interests in the estate of persons under disability and of future contingent interests of persons not in being as well as the interests of adult competent persons.

Please note that the laws governing the distribution of estates are too lengthy and complex to be fully included here. Should you have any questions about how to take care of the estate (assets and possessions) contact TLC by calling the NYLAG general intake line at 212.613.5000 any Monday, Wednesday or Thursday between 9:00 a.m. and 3:00 p.m.

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TLC PRESENTATIONS


Total Life Choices provides free legal education seminars and trainings on legal planning to community groups and medical and social service professionals. To schedule a TLC presentation, contact Tina Janssen-Spinosa, Esq. at (212) 613-5062 or .(JavaScript must be enabled to view this email address)

 

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