New york estates powers and trusts law

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Justia › U.S. Law › U.S. Codes and Statutes › New York Laws › 2025 New York Laws › EPT - Estates, Powers and Trusts › Article 13 2025 New York Laws EPT - Estates, Powers and

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New York Consolidated Laws, Estates, Powers and Trusts Law

(a) Where any property, subject, at the time of decedent's death, to any lien, security interest or other charge, including a lien for unpaid purchase money, is specifically disposed of by will or passes to a distributee, or where the proceeds of any policy of insurance on the life of the decedent are payable to a named beneficiary and such policy is subject to any lien, security interest or other charge, the personal representative is not responsible for the satisfaction of such encumbrance out of the property of the decedent's estate, except as provided in SCPA 1811, unless, in the case of a will, the testator has expressly or by necessary implication indicated otherwise. A general provision in the will for the payment of debts is not such an indication.(b) Any such encumbrance is chargeable against the property of the decedent or the proceeds of a policy of insurance on the life of the decedent, subject thereto. Nothing in this section imposes upon a testamentary beneficiary, distributee or named insurance beneficiary any personal liability for the payment of the debt secured by such encumbrance. (c) Where any lien, security interest or other charge encumbers: (1) Property passing to two or more persons, the interest of each such person shall, only as between such persons, bear its proportionate share of the total encumbrance. (2) Two or more properties, each such property shall, only as between the recipients thereof, bear its proportionate share of the total encumbrance. Cite this article: FindLaw.com - New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 3-3.6 Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate - last updated January 01, 2024 | Justia › U.S. Law › U.S. Codes and Statutes › New York Laws › 2025 New York Laws › EPT - Estates, Powers and Trusts › Article 13 2025 New York Laws EPT - Estates, Powers and When Decisions Matter. Contact Information p: (717) 849-4106 [email protected] Credentials Admissions & Legal Associations Pennsylvania Bar - all courtsNew Jersey Bar - all courtsAmerican Bar AssociationPennsylvania Bar AssociationYork County Bar AssociationHerbert B. Cohen Inn of Court Education University of Richmond, B.A.Widener University School of Law, J.D. Community Involvement UPMC Memorial Board of Directors, MemberLeave a Legacy York County, Chair, Steering CommitteeWills for Heroes, York County former CoordinatorYork Suburban Education Foundation, Board of Directors, Former PresidentYork County Estate Planning Council, Former PresidentYork County Bar Foundation, Endowment Fund Committee, Former MemberYork County Bar Association, Former President, MemberYork County Bar Association, Estate Planning and Probate Law Section, MemberYoung York Professionals, Former MemberYork County Economic AllianceFuel, Former MemberLeave A Legacy™ York County, Steering Committee MemberLeave A Legacy™ York County, Professional Advisors Committee, ChairHugh O’Brian Youth Leadership, Central Pennsylvania, Former Board MemberRotary Club of York, MemberRotary Club of York Legacy/Planned Giving Committee, MemberRotary Club of York, Charitable Endowment Fund, PresidentMargaret E. Moul Home, Former Board MemberFriends of Central Market, Former Co-ChairYork Art Association, Former Board MemberYork County Bar Association, Young Lawyers Division, Former ChairAmerican Inns of Court, Herbert B. Cohen Chapter, Member About MacGregor J. Brillhart Mr. Brillhart is a Partner of the firm and focuses his practice in all areas of estate planning, estate administration, elder law, and fiduciary litigation.MacGregor routinely assists with the preparation of estate planning documents, including wills, durable powers of attorney, living wills and trusts, as well as estate and trust administration. He also frequently appears before the York County Court of Common Pleas in matters relating to incapacity hearings/guardianships, name changes and adoptions. In the area of elder law, MacGregor assists clients through the utilization of various Medicaid Planning techniques.On April 1, 2020, Mac was named Solicitor for the York County Register of Wills and Clerk of Orphans’ Court. Shortly after that and during the COVID-19 pandemic, Mac oversaw a Will probated electronically, the first-ever in York County, Pennsylvania.For twelve years, Mac served as the York County Coordinator of the Wills for Heroes program, an initiative providing first responders and veterans with fully executed, witnessed, and notarized wills, living

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(a) Where any property, subject, at the time of decedent's death, to any lien, security interest or other charge, including a lien for unpaid purchase money, is specifically disposed of by will or passes to a distributee, or where the proceeds of any policy of insurance on the life of the decedent are payable to a named beneficiary and such policy is subject to any lien, security interest or other charge, the personal representative is not responsible for the satisfaction of such encumbrance out of the property of the decedent's estate, except as provided in SCPA 1811, unless, in the case of a will, the testator has expressly or by necessary implication indicated otherwise. A general provision in the will for the payment of debts is not such an indication.(b) Any such encumbrance is chargeable against the property of the decedent or the proceeds of a policy of insurance on the life of the decedent, subject thereto. Nothing in this section imposes upon a testamentary beneficiary, distributee or named insurance beneficiary any personal liability for the payment of the debt secured by such encumbrance. (c) Where any lien, security interest or other charge encumbers: (1) Property passing to two or more persons, the interest of each such person shall, only as between such persons, bear its proportionate share of the total encumbrance. (2) Two or more properties, each such property shall, only as between the recipients thereof, bear its proportionate share of the total encumbrance. Cite this article: FindLaw.com - New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 3-3.6 Encumbrances on property of decedent or on proceeds of insurance policy on life of decedent not chargeable against assets of decedent's estate - last updated January 01, 2024 |

2025-04-18
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When Decisions Matter. Contact Information p: (717) 849-4106 [email protected] Credentials Admissions & Legal Associations Pennsylvania Bar - all courtsNew Jersey Bar - all courtsAmerican Bar AssociationPennsylvania Bar AssociationYork County Bar AssociationHerbert B. Cohen Inn of Court Education University of Richmond, B.A.Widener University School of Law, J.D. Community Involvement UPMC Memorial Board of Directors, MemberLeave a Legacy York County, Chair, Steering CommitteeWills for Heroes, York County former CoordinatorYork Suburban Education Foundation, Board of Directors, Former PresidentYork County Estate Planning Council, Former PresidentYork County Bar Foundation, Endowment Fund Committee, Former MemberYork County Bar Association, Former President, MemberYork County Bar Association, Estate Planning and Probate Law Section, MemberYoung York Professionals, Former MemberYork County Economic AllianceFuel, Former MemberLeave A Legacy™ York County, Steering Committee MemberLeave A Legacy™ York County, Professional Advisors Committee, ChairHugh O’Brian Youth Leadership, Central Pennsylvania, Former Board MemberRotary Club of York, MemberRotary Club of York Legacy/Planned Giving Committee, MemberRotary Club of York, Charitable Endowment Fund, PresidentMargaret E. Moul Home, Former Board MemberFriends of Central Market, Former Co-ChairYork Art Association, Former Board MemberYork County Bar Association, Young Lawyers Division, Former ChairAmerican Inns of Court, Herbert B. Cohen Chapter, Member About MacGregor J. Brillhart Mr. Brillhart is a Partner of the firm and focuses his practice in all areas of estate planning, estate administration, elder law, and fiduciary litigation.MacGregor routinely assists with the preparation of estate planning documents, including wills, durable powers of attorney, living wills and trusts, as well as estate and trust administration. He also frequently appears before the York County Court of Common Pleas in matters relating to incapacity hearings/guardianships, name changes and adoptions. In the area of elder law, MacGregor assists clients through the utilization of various Medicaid Planning techniques.On April 1, 2020, Mac was named Solicitor for the York County Register of Wills and Clerk of Orphans’ Court. Shortly after that and during the COVID-19 pandemic, Mac oversaw a Will probated electronically, the first-ever in York County, Pennsylvania.For twelve years, Mac served as the York County Coordinator of the Wills for Heroes program, an initiative providing first responders and veterans with fully executed, witnessed, and notarized wills, living

2025-03-26
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