Estate and Elder Law

Recent Posts

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 lexis.com subscribers ... 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

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

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: 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