Recent Articles

351 Year Old Estate Continues to Stir Up Controversy

Philip Bernstein
March 05, 2012 04:53

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...

Circumstantial Evidence Leads To Finding Of Triable Issues Of Fact In Undue Influence Claim

Philip Bernstein
January 18, 2012 04:09

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

Philip Bernstein
December 20, 2011 20:03

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 Medicaid Regulations Create Confusion And Require Revision Of Financial Plans In New York

Philip Bernstein
November 08, 2011 02:36

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...

Death Has Turned Out To Be Less Profitable For James Brown Than It Has Been For Michael Jackson

Philip Bernstein
November 02, 2011 03:23

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' Estate Plan Was As Inventive As He Was

Philip Bernstein
October 30, 2011 02:56

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")...

A Humerous Twist On An Interrorem Clause (With A Not So Humerous Downside)

Philip Bernstein
September 27, 2011 02:23

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...

Michael Jackson's Estate Pays 30 Million Dollars To His Children's Trust

Philip Bernstein
September 15, 2011 02:28

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...

Appellate Court Rules That Legal Fee Is Excessive

Philip Bernstein
August 29, 2011 01:47

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...

Time To Review Your IRA And 401k Designations

Philip Bernstein
August 14, 2011 15:57

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...