Unless the Will states otherwise, under New York law mortgage on real property is debt that is so tied to real property that there is a presumption that the property goes subject to the mortgage. The beneficiary of real property inherits the property subject to the mortgage debt.

If a beneficiary does not survive the testator, the devise fails. All gifts made by the Will are subject to a requirement that the beneficiary survives the testator, unless the testator specifies otherwise. Despite this rule, New York law allows for certain bequests to “survive” to the next generation. This rule is referred to as the Anti-Lapse Statute. This provides that if the Will makes a gift to the testator’s children or siblings, and a beneficiary dies before then testator, then the descendants of the deceased beneficiary will inherit whatever …

If a Will includes a specific devise of an item of property, but the testator sells or gives the item away before death, the gift is said to have adeemed. An ademption may be of the whole or may be a part of a testamentary bequest or devise. If the whole bequest or devise is disposed of prior to death, the testamentary disposition is revoked.

In a probate proceeding, you can force a person to produce the will.

Under New York law a beneficiary or distributee is given the power to renounce or disclaim an interest that otherwise would pass to that person from the decedent or the decedent’s estate. Common motivations to disclaim are to reduce taxes or keep property from creditors. To be valid, the renunciation must be in writing, signed by the renouncing party, and acknowledged before a notary public. A disclaimer, once made, is irrevocable, meaning you cannot later change your mind.

If the numbers do not add up, the executor may be found personally responsible for any shortfall. The court can “surcharge” the executor for the difference.

Under New York law, when a person dies leaving a spouse, or he or she dies without a spouse but leaves children under 21, specific assets are deemed to pass to those family members outside of the decedent’s estate, without an executor or administrator being appointed to manage those assets. The law was enacted to protect and provide for the decedent’s immediate family during a difficult time. The specified assets pass to the survivors immediately on death avoiding the delays inherent in a probate or intestate administration proceeding. These …

In New York, the heirs can force the executor to account by filing a Petition. If they satisfy the judge, an order to account is issued.

The executor should always obtain a release of liability from the heirs. The heirs, though, will often not wish to release the executor unless the executor can “account” for all the assets of the estate and explain all the expense incurred. To satisfy the heirs, the executor will need to provide an “accounting” of the assets and expenses.

An executor’s accounting is the report of the executor’s financial actions from the date the executor began serving until the end. It shows what was collected, what happened to those assets, any gain or losses on those assets and, in the Schedule of Distributions, how the executor plans to distribute the assets to the beneficiaries. In New York, these accountings can either be informal accountings or formal accountings.