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
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...
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...
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...
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...
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...
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...
In Matter of Murray ,
2011 NY Slip Op 3247 (N.Y. App. Div. 2d Dep't Apr. 19, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ],
respondent (Jerome) and decedent, as husband and...
By: John G. Farinacci,
Esq. , Ruskin Moscou Faltischek, P.C. , Uniondale, NY
has been an historical aversion to granting summary judgment in probate
contests. However, during the last fifteen years or so, the courts have been
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...
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...
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...
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...
A will that identified
the sole vested beneficiary as "Ryan Living Trust" made the following
provision for the distribution of property:
give all of my property of whatever nature and kind and wherever located to my
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...