Deirdre Wheatley-Liss: Love is Lost - And So is Your Inheritance - Divorce Really Ends Things

A common plan among our married clients is to leave their property to their spouse, either outright or in trust - oft-referred to as the "I Love You" Will. Sometimes, love is lost and the couple divorces. We recommend our clients update their Wills after any life-changing event, including...

Deirdre Wheatley-Liss: Personal Injury Damages and Medicaid Liens - SCOTUS Decides

You have a horrific accident and are looking at a life of extreme medical care. The accident was caused by another person (drunk truck driver). You get a multi-million dollar award. Does the state that you live in get a share? First, personal injury awards are generally free from income tax. Section...

Attorney-Executor Beware: Strict Compliance With SCPA § 2307-a Is Needed For Full Commissions

By: Jennifer F. Hillman, Esq. When the nominated executor under a will is also the attorney-draftsman (or an employee of that attorney) additional disclosures are necessary to assure that the nominated executor will receive their full statutory commissions. Pursuant to New York Surrogate’s Court...

Must A Living Person Disclose Their Estate Plan: The Limits of NY CPLR § 4503

By Jennifer F. Hillman, Esq. Most communications between an attorney and client are privileged pursuant to New York Civil Procedure Act (“CPLR”) § 4503. There is, however, a carve-out in proceedings concerning the probate, validity or construction of a will. Pursuant to CPLR §...

Ask Liza: Getting Good Advice When You Are The Beneficiary

By Liza Weiman Hanks Dear Liza: After dealing with an unexpected death of my spouse my head is still spinning.. My spouse was very private after a divorce and we kept our affairs separate. Now the Will, of which I was unaware, allows me to stay in our home and if I choose to leave or pass it goes...