This blog is authored by Philip Bernstein, an attorney based in Garden City, New York. His blog covers the news and legal information surrounding probate litigation.
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For those clients who have been known to complain that their legal matters have dragged on interminably, your faithful lawblogger brings you a story about an estate that has yet to be settled after a mere 351 years! As the law blog of the New Jersey firmDonnelly Ritigstein reports, there is major...
The Appellate Division has reversed a decision of New York County Surrogate Nora Anderson in the Will of Robin Moles reported at 933 N.Y.S.2d 685 (A.D. 1Dept 2011). She had originally granted the proponent's motion for summary judgment , dismissing the objections of the decedent's nephew who...
Petitioners Establish Prima Facie Case To Admit Will To Probate-- But Triable Issues Of Fact Based Upon Medical Evidence Lead Appellate Division To Remand For Trial
The Matter of Lena A. Greene 932N.Y.S.2D 544 which was decided by Dutchess County Surrogate Pagones and subsequently reversed by the Appellate Division of the Supreme Court would seem to be pretty close to the model case for a successful will contest. The Appellate Division rightly points out...
New York has revolutionized its medicaid laws and we all have to go back to school! Lawyers and financial planners have always operated upon the assumption that only testamentary assets are subject to claims by medicaid. That is no longer true. The medicaid law revisions now go beyond the...
It is generally well known that when Michael Jackson died, he was on the brink of bankruptcy. Since his death, however, his estate has grown by tens of millions of dollars. For the heirs of James Brown, death has not been nearly as profitable an experience. As Forbes reports...
Steve Jobs was not able to avoid death but he had considerably better luck with taxes. As John Palley reports in his firm'sProbate Information Blog, without estate planning, Jobs' estate would have had probate and tax expenses upwards of 3.5 billion (that's BILLION with a "B")...
The interrorem clause --also known as the "no contest" clause --is not favored in many states. It is not enforceable everywhere. But in New York, it is an often- utilized poison pill used to discourage disgruntled relatives from challenging grandpa's Will. Since there is humor...
It isn't often that one makes more money in death than in life but apparently that is what has happened with Michael Jackson. The rock icon died broke but, as of last December 31, his latest estate accounting revealed assets of more than three hundred million dollars according toAll Night Spots. As...
Writing for the Appellate Division's Third Department, Justice E. Michael Kavanagh has ruled that the Albany County Surrogate erroneously approved an attorney's fee of $58,000 in the Estate of Iris H. Benware reported at 927N.Y.S.2d 173. Although the Surrogate has found the fee...
For years, you have contributed to your IRA and your 401k with the intention of reaping the benefits of these tax-deferred savings. In doing so, it is easy to lose sight of your designated beneficiaries who will inherit these funds should you not live long enough to spend them. Here is an article...