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 […]
In a proceeding under Mental Hygiene Law Article 81, the alleged incapacitated person (“AIP”) is served with a petition alleging that she is incapacitated and requires a guardian. If the AIP disputes the allegations and objects to the guardianship, she should exercise her right to engage legal counsel to defend (see MHL § 81.10). At […]
As explained in our prior post from May, “Summary Judgment in a Contested Accounting Proceeding – Disposing of Meritless Objections“, the high standard imposed on a fiduciary creates a low burden for a party to contest the fiduciary’s accounting. Thankfully, the fiduciary may move for summary judgment to dismiss objections that ultimately turn out to […]