Estate and Elder Law

Recent Posts

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... Read More

Tags: Probate

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

New Rules Can Save Money on Alabama Probate Expenses
Posted on 21 May 2012 by Jeramie Fortenberry

The Alabama Supreme Court recently approved a set of rules to facilitate "limited scope" representation. Limited scope representation allows lawyers to assist clients with a specific part of a legal matter even if the client does not need (or... Read More

Deirdre Wheatley-Liss: Personal Injury Damages and Medicaid Liens - SCOTUS Decides
Posted on 15 May 2013 by Deirdre R. Wheatley-Liss

You have a horrific accident and are looking at a life of extreme medical care. The accident was caused by another person (drunk truck driver). You get a multi-million dollar award. Does the state that you live in get a share? First, personal injury... Read More

Attempt to Avoid Probate Earns Medicaid Applicant Penalty Period
Posted on 7 Mar 2012 by David Goldman

Often in an attempt to avoid a relatively small probate fee, individuals can create huge penalty periods and taxable issues for themselves. Take for instance, a woman in New York who, two years before applying for Medicaid, transferred money from her... Read More

NY App. Court Deems Will Admissible to Probate despite Restrictions in Prior, Joint Will Because Will’s Enforceability Did Not Affect Its Legality Nor Its Admissibility To Probate (Apr. 19, 2011)
Posted on 6 May 2011 by LexisNexis Estate and Elder Law Community Staff

In Matter of Murray , 2011 NY Slip Op 3247 (N.Y. App. Div. 2d Dep't Apr. 19, 2011) [ enhanced version available to subscribers / unenhanced version available from lexisONE Free Case Law ], respondent (Jerome) and decedent, as husband and... Read More

Summary Judgment in Will Contests: Matter of Lubin
Posted on 13 Feb 2012 by John G. Farinacci

By: John G. Farinacci, Esq. , Ruskin Moscou Faltischek, P.C. , Uniondale, NY There has been an historical aversion to granting summary judgment in probate contests. However, during the last fifteen years or so, the courts have been trending away... Read More

The Ethics of Attorneys Fees under New York’s SCPA 2110
Posted on 14 Oct 2011 by Jennifer Hillman

By: Jennifer F. Hillman * The determination of what constitutes a reasonable attorney's fee is a matter within the sound discretion of the Surrogate's Court, which is in the best position to assess and consider the necessary factors in fixing... Read More

Loss of Standing in Will Challenges: Petitioner Loses Her Standing --And Her Case
Posted on 7 Jun 2010 by Phil Bernstein

New York's Appellate Division recently affirmed a decision of Nassau County Surrogate John Riordan which disinherited the daughter of a decedent who had brought a petition to contest her father's will and for a construction of the residuary clause... Read More

Quicker Probate in Massachusetts? | Theory vs. Practice in the New MAUPC
Posted on 10 May 2012 by Tim J. McNamara

By now Massachusetts estate planning and probate attorneys have had the chance to deal and work with the new Massachusetts Probate Code, first effective March 31, 2012. It has been said that no matter how long an attorney has practiced in Massachusetts... Read More

Ask Liza: The Right Plan For Now: Living Trust
Posted on 5 Nov 2014 by Liza Weiman Hanks

By Liza Weiman Hanks Dear Liza, I’m a young professional and would greatly appreciate your feedback on what type of trust, if any, would suit me well given my current financial and life position. I’m single, 29 years old (30 later this... Read More

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