Estate and Elder Law

Recent Posts

Contesting a Transference to the Surrogate's Court
Posted on 31 Jan 2012 by Hon. C. Raymond Radigan

Transfer of Proceedings By Hon. C. Raymond Radigan, Ruskin Moscou Faltischek, P.C. The Supreme Court transferred a proceeding to the Surrogate's Court. A party claimed it never received notice of the motion to transfer the proceedings and sought... Read More

The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt. 1
Posted on 13 Jan 2012 by Tim J. McNamara

The new set of laws, scheduled for adoption by Massachusetts starting April 1, 2012 (pushed back from Jan 2), are known as the Uniform Probate Code (or "MAUPC" or "UPC"). They are designed to clarify the law and to incorporate... Read More

Ask Liza: Who Inherits When There’s No Beneficiary?
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: My dad named his mother as his beneficiary, but she passed away in 2004. My dad died in 2013 but didn’t change his beneficiary. I am my father’s only child and he has no wife, so who gets the money ? When a person dies and there’s... Read More

Ask Liza: Disinheriting a Child
Posted on 10 Nov 2014 by Liza Weiman Hanks

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... Read More

New California Trust Case – The Probate Court Can Order An Accounting Sua Sponte – Christie v. Kimball
Posted on 31 Jan 2012 by Dave Tate

By David W. Tate Christie v. Kimball (California Court of Appeal, Second District, January 26, 2012) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], holds that the probate court can... Read More

Pre-Embryos: Are They Property Subject to Probate?
Posted on 29 Sep 2010 by Lisa McManus

In the most recent edition of Probate & Property , a publication of the Real Property, Trust & Estate Law Section of the American Bar Association, Baylor Law School Associate Professor Bridget M. Fuselier penned a thought-provoking article... Read More

Ask Liza: Can the Executor Give Away Estate Assets?
Posted on 26 Feb 2015 by Liza Weiman Hanks

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... Read More

Ancient Documents: Overcoming the Obstacles of Time
Posted on 24 Jan 2012 by Jennifer Hillman

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... Read More

Ask Liza: When does a Will Make Sense?
Posted on 19 May 2015 by Liza Weiman Hanks

Dear Liza: A friend of mine is considering a living trust. The only property he has is a coin collection maybe worth around $15,000. He has an adult daughter who he doesn’t communicate with and does not want her to get anything. He would like to... Read More

Ask Liza: Getting Good Advice When You Are The Beneficiary
Posted on 26 Sep 2014 by Liza Weiman Hanks

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... Read More

Must A Living Person Disclose Their Estate Plan: The Limits of NY CPLR § 4503
Posted on 6 Jan 2014 by Jennifer Hillman

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... Read More

New California Trust Case – The Probate Court Can Order An Accounting Sua Sponte – Christie v. Kimball
Posted on 31 Jan 2012 by Dave Tate

By David W. Tate Christie v. Kimball (California Court of Appeal, Second District, January 26, 2012) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], holds that the probate court can... Read More

The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt 2
Posted on 18 Jan 2012 by Tim J. McNamara

As we noted in our Part 1 assessment of the new Massachusetts Uniform Probate Code (a.k.a. "MAUPC"), the legislation has been delayed yet again by the Massachusetts Legislature, this time until April 1 of 2012. Still, there has been no... Read More

Ancillary Probate
Posted on 5 Nov 2009 by Peter K. Kelly

Because of the increased mobility of our society, non-domiciliary decedents often possess New York assets. A Will is normally probated in decedent’s domicile but when the decedent dies with property located outside his domicile, especially real... Read More

Tags: Probate

Attorney-Executor Beware: Strict Compliance With SCPA § 2307-a Is Needed For Full Commissions
Posted on 26 Sep 2013 by Jennifer Hillman

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... Read More