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Attention estates lawyers in CA, CT, FL, MI, NY & OH. Did you know LexisNexis offers fully-automated, state-specific forms, powered by HotDocs®?

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Ancient Documents: Overcoming the Obstacles of Time

By Jennifer F. Hillman * As many estate attorneys can attest, probating an "older" will has additional challenges to overcome. In New York, courts generally require the testimony or an affidavit of one attesting witness prior to admitting a will to probate. This requirement is often...

Appellate Court Upholds Objections To Probate In Spite Of Waiver

The Supreme Court's Appellate Division recently upheld New York County Surrogate Nora Anderson's decision in the probate proceeding of Rosalin E. Melnick 942 N.Y.S.2D 45 (A.D. 1Dept 2012) [ enhanced version available to lexis.com subscribers ] which denied a petitioner's motion to dismiss...

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...

Ask Liza: Disinheriting a Child

By Liza Weiman Hanks Dear Liza: My husband and I both have a will that states we are each other’s beneficiaries and executor’s and our son as 100% beneficiary of both of us died,. My husband has a daughter by a previous marriage. If my husband dies before me does she have rights to our...

Ask Liza: Can the Executor Give Away Estate Assets?

Dear Liza: My husband is the sole executor (and only child) of his mother’s Will. There are no other beneficiaries listed in her Will. The only asset she had was a home which is valued at about $300,000. Does he need to probate her Will? As the executor can he sell the home to one of our children...

Ask Liza: What to Do When One Parent Lacks Capacity

Dear Liza, my parents do not have a living trust in place. I need to help them set one up. My father and mother are 91 and 83 respectively. My father has a form of dementia that prevents him from making decision about his property. My Mother is fully capable. Does my Mother have the right to make decisions...