Prior to filing objections to the validity of a decedent’s will, we conduct a thorough investigation into the facts of the case. This requires us to examine the estate case file, the fiduciary’s records, and the decedent’s personal papers and communications. We review the drafting attorney’s work product, criticize it, and try to tear it […]
Part of a series involving practical solutions and tips for millennials to plan their Estates, as well as the consequences of failing to do the same. Part One: Who gets the dog? “Whatever one may think of treating our dogs like people- whether it is called ‘humanification,’ ‘personhood,’ or some other means of endowing dogs […]
It is important for businesses to plan ahead. It is especially true to plan for those events that are foreseeable. Whether we want to admit it or not, there will come a time when we will no longer be able to continue working. It is also true of business owners. But what happens to the […]
Can the alleged incapacitated person (AIP) refuse to comply with information requests from the court evaluator or the other parties during a guardianship proceeding? This issue arose in Matter of Aida C. 44 AD3d 110 (4th Dept 2007), where the AIP asserted that her liberty interest was at stake and she therefore could not be […]
Solution New York law permits a person making her estate plan to cut a pre probate deal with the person who will be cut out. More specifically, this includes before the testator’s or parent’s death or lack of capacity. This means that the person to be cut out can be dealt with directly by the […]
Intentions to disinherit in connection with the making of wills are not uncommon. Disinheritance circumstances give rise to acrimony and much litigation. In many cases, children and family members often find themselves dealing with these circumstances. Clients planning their estates often are confounded with how to deal with a formed intention to cut someone out […]