By Sabrina Winters
Many people assume that when a person
passes away, that person's property is automatically transferred to the
spouse or "next of kin". I have had some clients even think that the
state takes it all! In North Carolina...
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 ...
I have written in the past about the dangers of "do it yourself" wills. I have pointed out all of the traps for the unwary regarding Homestead, the Surviving Spouse, and Pretermitted Heirs. One thing I haven't written about is the danger...
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...
Dear Liza: I’ve just completed my estate planning documents using the latest edition of WillMaker Plus, including the will, health care documents, power of attorney, final arrangements, etc. I think all totaled it comes to over 65 pages. I’d...
Dear Liza My father wants to leave some of his assets to my brother and sister, however neither of them is particularly adept at handling money and he doesn’t want to hand them a large, lump sum. Can a Will stipulate that they receive payments on...
California Wills and Trusts Drafting System
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...
An article on an Australian news website run by Fox (news.com.au) recently posed the question, “What happens to email and social networking profiles when you die?” Assuming that the person dies without telling someone how to access all his...
The heirs of Melvin Simon, the
billionaire shopping mall magnate, are embroiled in a bitter estate struggle
contesting a will signed by Mr. Simon seven months before his death. Simon's eldest daughter claims there was
undue influence because Simon's...
Miami criminal defense attorney Brian Tannebaum
recently wrote a post on his blog entitled, " Do
People Who Aren't Hungry Go to Restaurants? " In his post he states that
clients are often shopping for the cheapest lawyer, and recently...
By Liza Weiman Hanks |
Dear Liza: I want to name my minor grandchildren as beneficiaries of my IRA account. How do I do that? Can I use my Will? It’s a smart idea to name minors as beneficiaries of your IRAs. Since they are young, they’ll...
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...
The Supreme Court of Georgia recently decided a case in which it found that a will was product of undue influence and fraud, and that the testator lacked testamentary capacity.
In McDaniel v. McDaniel (S10A1497, March 7, 2011), the testator, Mr. McDaniel...
It is well-understood by estate
practitioners that a beneficiary of an estate should not serve as an attesting witness
to a will. If he does, he or she is a
competent witness for purposes of probating the will, however, under EPTL
3-3.2 , the bequest...
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...