Undue influence occurs when a
wrongdoer exerts influence over a testator sufficient to overcome the
testator's free will and cause the testator to make a bequest that would not
otherwise have been made. Matter of Walther , 6 N.Y.2d 49, 188
N.Y.S.2d 168, 159 N.E.2d 665 (1959) [ enhanced version...
How does one gift an 1,100 pound
sculpture? The New York Court of Appeals
recently revisited the law of gifts in the context of determining the validity
of such a gift by the deceased sculptor's widow. Mirvish v. Mott , 18 N.Y.3d 510, 2012 N.Y. LEXIS 266 (2012) [ enhanced version available to lexis...
A slayer, a person who without
legal excuse is responsible for the intentional killing of another, is denied
any right to benefit from that wrong under our laws. While this rule is statutorily
codified in many states, in New York it is a rule of common law rather than
statutory law. Riggs v. Palmer...
An irrevocable and unamendable
trust can be revoked or amended during the life of the grantor under certain
limited circumstances. New York's Estate Powers and Trust Law (EPTL) provides
in Section 7-1.9 that upon the written acknowledged consents
of all persons beneficially interested in a trust...
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
circumstances, there are trustees other than the settlor...
By Peter K. Kelly, Esq. Of Counsel, Ruskin Moscou Faltischek P.C.
A nuptial agreement which waives certain rights under equitable distribution must be in writing, subscribed by the parties and acknowledged in the manner entitle for a deed to be recorded. Domestic Relations Law Section 236B(3)....
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 papers bearing upon his or her desire as to the...
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 her home, to pay a salary and bonus to her housekeeper...