Estate and Elder Law

Recent Posts

Ohio Court Refuses to Appoint Independent Attorney to Administer Estate where Creditors/Assets Were Lacking and Alleged Misdeeds Were Unproven/Uninvestigated
Posted on 28 Aug 2011 by LexisNexis Estate and Elder Law Community Staff

A will that identified the sole vested beneficiary as "Ryan Living Trust" made the following provision for the distribution of property: "I give all of my property of whatever nature and kind and wherever located to my revocable living... Read More

Deirdre Wheatley-Liss: Love is Lost - And So is Your Inheritance - Divorce Really Ends Things
Posted on 12 Apr 2013 by Deirdre R. Wheatley-Liss

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... Read More

Ask Liza: Reporting Foreign Gifts
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: Does a person receiving a gift from a sibling in another country have to pay gift tax on that gift in the United States? In the United States, gifts are not considered ordinary income, so you don’t have to report them or pay income tax... Read More

Pesky Probate Problems in New York
Posted on 6 Jun 2011 by Andrew L. Martin

In this Analysis, Andrew L. Martin, Chief Court Attorney of the Nassau County Surrogate's Court, guides you through some of the more common problems an attorney will encounter in New York Surrogate's Court practice to make your next visit to the... Read More

Tags: Probate

Attorney Charged with Ethics Complaint over Probate Blog
Posted on 6 Feb 2013 by David A. Shulman

Every now and then, blogging will get someone in "trouble." See e.g. Rakofsky v. Internet , in which one Joseph Rakofsky sued a whole bunch of bloggers and other media over their posts criticizing among other things, his competency and ethics... Read More

How to Transfer Automobiles without Probate in Mississippi
Posted on 19 Oct 2011 by Jeramie Fortenberry

I get a bunch of e-mails from people who want to know where to start with Mississippi probate. Many of them have not considered whether probate is really required. As I've mentioned in my discussion of how to determine whether Mississippi probate... Read More

How Real Estate is Titled is Important for Avoiding Florida Probate
Posted on 6 May 2011 by David Luber

In some states if real estate is owned by two people it may pass to the survivor even if they are not husband and wife. However in Florida it depends on whether or not they are husband and wife. If a property is owned by two people who are husband and... Read More

Deirdre Wheatley-Liss: 4 Good (?) Reasons to Contest a Will
Posted on 21 Mar 2013 by Deirdre R. Wheatley-Liss

Maybe it's the season, but I have gotten a lot of calls recently about will contests. A will contest usually happens when your heirs are surprised by what your will says, or by what you have left when you go to the great beyond. I have represented... Read More

Appellate Court Upholds Objections To Probate In Spite Of Waiver
Posted on 18 Jun 2012 by Phil Bernstein

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 subscribers ... Read More

Appellate Standing Denied in Pennsylvania Will Challenge where Appellant/Challenger Won at the Lower Lever & Appellant/Executrix Was Not an Aggrieved Party
Posted on 28 Aug 2011 by LexisNexis Estate and Elder Law Community Staff

The decedent, Theodore D. Pendergrass, was a paraplegic. His wife, Joan Pendergrass held his power of attorney. After the decedent's death, Mrs. Pendergrass applied for and received letters testamentary pursuant to a will dated March 25, 2009 and... Read More

Why Avoid Probate? | Cape Cod Probate & Estate Law
Posted on 2 Jul 2012 by Tim J. McNamara

One of our first articles outlined the ways that our clients in Massachusetts and on Cape can avoid probate. In fact, avoiding probate is one of the most frequent goals we hear when first meeting with clients. But the information gap we encounter most... Read More

The Gatekeeper Of Intentional Interference With Expectancy Of Inheritance: An ‘In Adequate Remedy In Probate’
Posted on 8 Jul 2015 by LexisNexis Legal Newsroom Staff

By Shirley L. Kovar | In this Emerging Issues Analysis, Shirley L. Kovar, a partner in the Estate & Trust Litigation Practice and International Private Client groups at Henderson, Caverly, Pum & Charney, LLP in San Diego, identifies some of... Read More

Ask Liza: What to Do When One Parent Lacks Capacity
Posted on 26 Feb 2015 by Liza Weiman Hanks

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... Read More

Attention estates lawyers in CA, CT, FL, MI, NY & OH. Did you know LexisNexis offers fully-automated, state-specific forms, powered by HotDocs®?
Posted on 19 Mar 2010 by LexisNexis Estate and Elder Law Community Staff

CALIFORNIA : California Wills and Trusts Drafting System Now powered by HotDocs®, this easy-to-use software will help you create customized wills, trusts and many other estate-related documents from scratch. Based on the enormously popular... Read More

Will The Probate Court Protect Me?
Posted on 17 Sep 2010 by Randy Spiro

Probate is a state court supervised procedure to authenticate a Will and to pass ownership of a deceased person's assets to the beneficiaries under that Will. If a person elects to have a probate by signing a Will (rather than signing and transferring... Read More