When There’s No Heir: Understanding Escheatment in Probate and Estate Law

Many estate planning conversations focus on who will inherit a person’s assets. But what happens when, legally, no one does? Escheatment is the legal process by which a deceased person’s property transfers to the state when no eligible heirs can...

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Civil Court: Understanding Injunctions and Injunction Bonds

In civil litigation, courts can issue injunctions to prevent defendants from taking actions that cause irreparable harm to plaintiffs—such as halting construction projects or pausing business deals. Depending on the timing it involves, an injunction may be classified as an...

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Wills: The Role of Executor and Executor Bonds Explained

In most families, someone will have to take on the role of executor, at least once in a generation. Why? When a will is written, the testator (aka person creating the will), must name a responsible adult to execute it....

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Property Disputes: Using Replevin and Replevin Bonds for Asset Recovery

When property is wrongfully detained or withheld during a dispute, the standard pace of civil litigation can be a significant liability. Waiting for a final judgment is rarely a viable option—especially when the contested assets are critical to day-to-day business...

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Explained: Debt and The Probate Process

When a loved one dies without having designated an executor in a will, the state probate court (referred to as the surrogate’s court in a few states), appoints an administrator who becomes legally responsible to follow the court’s protocols for...

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Conservator and Guardian: Roles and Bonds Explained

Conservators and guardians are appointed in a courtroom to oversee and protect the affairs of someone who cannot independently make sound decisions or care for themselves. Age, mental illness, cognitive decline, or injury, are among the most common reasons why...

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Understanding Estate Bonds: A Quick Guide

Managing the estate of a deceased loved one can feel like stepping into a complex puzzle, in part due to the legal protocols and terms. Among the many requirements you might encounter, one that often causes confusion is the estate...

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Replevin and Attachment Bonds Explained

In civil court, when the property central to a lawsuit needs to be secured before a judge makes a final ruling, court bonds, like replevin and attachment bonds, play an important role. For example, if a plaintiff seeks immediate control...

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Probate Proceeding In New York?

In New York State, the affairs of the deceased are settled through probate proceedings which take place in the county Surrogate’s Court. When a will has been made, it is “probated,” through the Surrogate’s Court. If there is no will,...

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Asset Conflicts? Probate Litigation!

Even though we all know we should organize our affairs, put estate plans in place, and communicate our intentions and plans to loved ones, most of us avoid these difficult to-do list items. As a result, conflicts over assets can...

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