Surrogate Judge Rita Mella sitting in the Surrogates Court of New York County recently granted an application by co-trustees of a trust to terminate a trust. The trust was created pursuant to the decedent’s will. The purpose of the trust was to benefit a variety of individuals and charities. The trust called for the beneficiaries of the thrust to … [Read more...]
Court Declares Marriage by Incapacitated Person Void
In a recent case in Nassau county before Judge Gary Knoble the Commissioner of the Nassau County Department of Social Services brought a guardianship case pursuant to Article 81 of the Mental Hygiene Law. The issue presented to the court was to determine whether to set aside advanced directives executed in 2019 by Nancy Kay, an alleged … [Read more...]
Copy of Will Denied Probate
In a decision by New York County Surrogate Court Judge Rita Melia, Judge Melia found a copy of a will could not be submitted to probate. There is a presumption when the original will cannot be found that it was revoked by the person who made the will destroying it. An uncontested action was submitted to Surrogate Melia. It was claimed the … [Read more...]
Convenience Accounts
In 1991, New York State passed a law creating convenience accounts. A convenience account is usually set up by a senior to allow another person who is named on the account to sign checks and make withdrawals solely for the benefit of the senior citizen who created the account. The purpose for the creation of convenience accounts is to avoid … [Read more...]
Comparing Wills and Living Trusts
Both wills and living trusts are testamentary devices which can be utilized to provide for the handing down of your assets to the next generation in your estate after your death. There are benefits to both wills and trusts. A revocable living trust is commonly used as an alternative to maintaining just a simple will. The purpose of this article … [Read more...]
Contesting A Will
There are a variety of reasons or grounds to contest a will. Will contests often take place when there are blended families. Second families as a result of second marriages often complicate issues in estates. Wills Need to be Properly Executed New York has very specific requirements with regard to the preparation and execution of a will. The … [Read more...]
Contesting a Will
Wills in the State of New York can be contested. The probating of the will by the executor of the will gives the potential contestants of the will the ability to appear in court and advise the court they are contesting the will. There are a number of grounds which can serve as the basis for contesting a will. Here are some of the grounds which can … [Read more...]
Collecting Social Security Benefits
To watch today's video blog, please click on the link below: https://youtu.be/WO8rHMNlcoo Elliot Schlissel is a member of the National Academy of Elder Law Attorneys. He can be reached for a free consultation at 1-800-344-6431, 516-561-6645 or 718-350-2802. … [Read more...]
Collecting Social Security Benefits
Can you collect your spouse’s Social Security benefits? If you are already collecting your own Social Security benefits, can you elect to collect your spouse’s benefits instead of yours? What do you have to do to collect your spouse’s Social Security benefits? These questions and others are common questions seniors have concerning Social Security … [Read more...]
Five Easy Steps To Financing And Care For Your Elderly Parents
Worried about how to take care of your aging parents’ health care and livelihood expenses? To save oneself from stress and worry in the years ahead, financial planning and investment in family insurance is the smart option. Now, you have five easy steps to help you tide over these worries. If you plan in advance, then finance in the later … [Read more...]
