Many trust, estate and probate litigation cases in New York are engendered by divorce. The great wealth transfer presumably will grow the trend of estate related disputes arising from circumstances of divorce. There are many reasons why the dissolution of a marital relationship can cause estate litigation. Wealth and emotion often are the primary drivers. […]
I recently read an article on People.com about a poor young man who became “Lord of the Manor” after DNA proved he was the heir of a wealthy British aristocrat (https://people.com/human-interest/care-worker-inherits-60-million-english-estate-dna-test/). This got me wondering what happens in New York when a non-marital child shows up after the parent is deceased and demands his inheritance. […]
Q. What skills should an Estate Litigation Attorney possess? A. An estate litigation attorney is required to know the law in several critical areas. First, it is mandatory that the attorney fully understand the law pertaining to the making of a valid will or trust, as that is often the heart of the contest. An […]
In 1981, Tom Petty and the Heartbreakers released the album Hard Promises, containing the single: The Waiting. In it, Tom sings, “oh baby don’t it feel like heaven right now? Don’t it feel like something from a dream? Yeah, I’ve never known nothing quite like this”. Tom’s lyrics uncannily describe an opposite reality of the […]
In our first writing on this subject we committed to following Matter of Martirano, 2019 NY App Div LEXIS 3716 (3d Dept 2019), if it made its way to the Appellate Division. In a nine page Memorandum and Order dated May 9, 2019, the Third Department reversed the Surrogate. (Matter of Martirano, 2019 NY App […]
Courts often use the term “punctilio of honor” to describe the high level of care and attention required of a fiduciary. The fiduciary must always act cautiously and carefully. But even the most careful fiduciary may still encounter an objection to her actions. There may be a disgruntled family member looking to harass the fiduciary […]