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accounting sua sponte
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Deirdre Wheatley-Liss
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Steptoe & Johnson PLLC
over 7 years ago
Real Estate Law
Real Estate Law Blog
Transfer on Death Deeds Now Valid in Texas
Texas property owners now have a new tool to avoid probate. Effective September 1, 2015, Texas Estate Code Section 114.151 allows for Transfer on Death Deeds, [subscribers can access an enhanced version of this legislation: lexis.com | Lexis Advance ...
Vetstein Law Group, P.C.
over 11 years ago
Real Estate Law
Real Estate Law Blog
Vetstein Law Group: Death and Taxes: Estate Sales & Probate Issues In Massachusetts Real Estate Practice
By Richard D. Vetstein, ESQ Benjamin Franklin once said famously that "the only certainties in life are death and taxes." That's certainly true in real estate practice. Today, I will go over how real estate passes when the owner...
Andrew L. Martin
over 11 years ago
Estate and Elder Law
Estate Practice and Elder Law Commentary
Pesky Probate Problems in New York
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...
Tim J. McNamara
over 11 years ago
Estate and Elder Law
Estate and Elder Law Blog
The New Uniform Probate Code | A Cape Cod Probate Attorney Assessment Pt 2
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...
Peter K. Kelly
over 13 years ago
Estate and Elder Law
Estate and Elder Law Blog
Ancillary Probate
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...
Jennifer Hillman
over 9 years ago
Estate and Elder Law
Estate and Elder Law Blog
Attorney-Executor Beware: Strict Compliance With SCPA § 2307-a Is Needed For Full Commissions
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...
Jeramie Fortenberry
over 10 years ago
Estate and Elder Law
Estate and Elder Law Blog
New Rules Can Save Money on Alabama Probate Expenses
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...
Deirdre R. Wheatley-Liss
over 9 years ago
Estate and Elder Law
Estate and Elder Law Blog
Deirdre Wheatley-Liss: Personal Injury Damages and Medicaid Liens - SCOTUS Decides
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...
David Goldman
over 11 years ago
Estate and Elder Law
Estate and Elder Law Blog
Attempt to Avoid Probate Earns Medicaid Applicant Penalty Period
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...
LexisNexis Estate and Elder Law Community Staff
over 11 years ago
Estate and Elder Law
Estate and Elder Law Blog
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)
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...
John G. Farinacci
over 11 years ago
Estate and Elder Law
Estate and Elder Law Blog
Summary Judgment in Will Contests: Matter of Lubin
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...
Jennifer Hillman
over 11 years ago
Estate and Elder Law
Estate and Elder Law Blog
The Ethics of Attorneys Fees under New York’s SCPA 2110
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...
Phil Bernstein
over 12 years ago
Estate and Elder Law
Estate and Elder Law Blog
Loss of Standing in Will Challenges: Petitioner Loses Her Standing --And Her Case
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...
Tim J. McNamara
over 10 years ago
Estate and Elder Law
Estate and Elder Law Blog
Quicker Probate in Massachusetts? | Theory vs. Practice in the New MAUPC
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...
Liza Weiman Hanks
over 8 years ago
Estate and Elder Law
Estate and Elder Law Blog
Ask Liza: The Right Plan For Now: Living Trust
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...
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