Estate and Elder Law

Recent Posts

Asbury Law Firm: District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA
Posted on 18 Jun 2012 by Asbury Law Firm

In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment.... Read More

Pennsylvania Supreme Court Holds that Divorced Mother Has Standing to Challenge Guardian Appointed after Child Inherited from Deceased Father
Posted on 1 Nov 2011 by LexisNexis Estate and Elder Law Community Staff

A divorced father designated his child as a life insurance policy's sole beneficiary. When the father died, the administratrix, as the child's "next friend," filed a petition for the appointment of a limited guardian. The guardian's... Read More

Standing to Challenge Non-Party Bank Subpoenas in Surrogate’s Court and Other Civil Litigation
Posted on 26 Oct 2011 by John G. Farinacci

It is not atypical for a litigant in a Surrogate's Court proceeding to have to subpoena bank records whether a bank account is the subject of a dispute or the bank records are merely sought as probative evidence concerning some other issue. Whatever... Read More

New Trust Case—Remainder Beneficiary of Revocable Trust Lacks Standing to Bring Action against Trustee—Estate of Giraldin
Posted on 4 Oct 2011 by Dave Tate

By David W. Tate New trust case-remainder beneficiary of revocable trust lacks standing to bring action against trustee-Estate of Giraldin Dave Tate, Esq. (San Francisco) Website Intro Video In Estate of Giraldin (California Court of Appeal... 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

New Trust Case—Remainder Beneficiary of Revocable Trust Lacks Standing to Bring Action against Trustee—Estate of Giraldin
Posted on 4 Oct 2011 by Dave Tate

By David W. Tate New trust case-remainder beneficiary of revocable trust lacks standing to bring action against trustee-Estate of Giraldin Dave Tate, Esq. (San Francisco) Website Intro Video In Estate of Giraldin (California Court of Appeal... Read More

Appellate Standing Denied in Pennsylvania Will Challenge where Appellant/Challenger Won at the Lower Lever & Appellant/Executrix Was Not an Aggrieved Party
Posted on 28 Aug 2011 by LexisNexis Estate and Elder Law Community Staff

The decedent, Theodore D. Pendergrass, was a paraplegic. His wife, Joan Pendergrass held his power of attorney. After the decedent's death, Mrs. Pendergrass applied for and received letters testamentary pursuant to a will dated March 25, 2009 and... Read More

Asbury Law Firm: District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA
Posted on 18 Jun 2012 by Asbury Law Firm

In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment.... Read More

Standing/Ripeness Denied on Son’s Fraud/Interference Claims Arising out of Mother’s Execution of Transfer on Death Designation Affidavit
Posted on 1 Nov 2011 by LexisNexis Estate and Elder Law Community Staff

Eleanor Sirak executed a Transfer on Death (TOD) designation affidavit in favor of Gail Arenstein, Ms. Sirak's daughter. Thereafter, plaintiff/appellant, Eleanor's son, filed suit against Gail and others. The complaint recited various incidents... Read More

Standing to Object to Revocable Trust Transactions during Settlor’s Life
Posted on 17 Oct 2012 by Peter K. Kelly

Often the settlor of a lifetime revocable trust is the only person who has an interest in the income and principal of the trust during his or her lifetime. Sometimes the settlor of such a trust is the sole trustee or serves with another. In other ... Read More