On March 19, 2010, the United States Court of Appeals for the Ninth Circuit dealt a serious blow to the estate of Anna Nicole Smith (actual name: Vickie Lynn Marshall). Unfortunately for spectators, the meat of this latest ruling in the now deceased... Read More

By Jennifer F. Hillman, Esq. Most communications between an attorney and client are privileged pursuant to New York Civil Procedure Act (“CPLR”) § 4503. There is, however, a carve-out in proceedings concerning the probate, validity... Read More

Dear Liza: I've read that I could create a trust for my children in a Will, then name that trust as a beneficiary of my retirement account. That way, as I understand it, my successor Trustee could manage those retirement assets for my children until... Read More

Dear Liza: My brother and I are dual citizens (Japan and US). We both reside in the US. Our Japanese mother recently passed away. She had some cash/ stock/ annuities/ mutual funds in the US, and some property in Japan that we will inherit jointly, with... Read More

In law school we learned about the "fertile octogenarian" - a theoretical construct about what would happen to a property distribution scheme in an estate plan if you had some wacky birth order situation (ie: my great-uncle is 60 years younger... Read More

By Peter K. Kelly Of Counsel, Ruskin Moscou Faltischek Often shortly after a decedent’s death, family members need to search the decedent’s safe deposit box for the original Will, a deed to a burial plot, a policy of life insurance or... Read More

With April 15 th approaching, it reminds us of the need to file our income tax returns. When preparing estate planning documents, clients often ask, "are these estate planning fees deductible?" The cost to do a simple Will, Power of Attorney... Read More

On March 19, 2010, the United States Court of Appeals for the Ninth Circuit dealt a serious blow to the estate of Anna Nicole Smith (actual name: Vickie Lynn Marshall). Unfortunately for spectators, the meat of this latest ruling in the now deceased Mrs... Read More

By Peter K. Kelly | Leonore Abels in her Will provided that her residuary pass in trust for her husband Joel Abels and, in the alternative should he predecease her, all of her property be sold, except her house, and held by the trustee to maintain... Read More

The U.S. Supreme Court recently handed down its decision in the case of Astrue v. Capato. The circumstances of the case are ones most of us will never experience. Nonetheless, the case has lessons for everyone. It underscores the importance of creating... Read More

In law school we learned about the "fertile octogenarian" - a theoretical construct about what would happen to a property distribution scheme in an estate plan if you had some wacky birth order situation (ie: my great-uncle is 60 years younger... Read More

A previous Oast & Hook article discussed the different gifting options that are available for you. These included gifts of cash, appreciated property, and real estate. This article discusses the different gifting options that are available after your... Read More

Dear Liza: My adult son just passed away. I would like to know whether, when his Will is probated, I will be able to see a copy? My condolences on your loss. Your son's Will must be filed in the probate court in the county in which he died as part... Read More

A common question asked by clients preparing their Wills is how to dispose of tangible personal property upon death. For example, I am asked, "I have jewelry and a coin collection, do I need to specify how those items are distributed among my children... Read More

A previous Oast & Hook article discussed the different gifting options that are available for you. These included gifts of cash, appreciated property, and real estate. This article discusses the different gifting options that are available after your... Read More