Revocable trusts are primarily used for the purpose of avoiding probate. These trusts are private documents which are not filed in courts. The beneficiaries inherit through the trust. IRREVOCABLE TRUSTS Irrevocable trusts are usually set up to protect assets related to the cost of long term care. Whether it is for home or health care aids … [Read more...]
Revoking a Will
Gerace brought a petition to probate a Will. The decedent’s mother in this case filed objections in this proceeding. She claimed the Will had been revoked 4 years after it had been executed. The decedent had written on the top of the Will “worked to revoke it.” Gerace claimed this was a revocation of the Will. Surrogate Louis Gigliotti sitting in … [Read more...]
BROTHER’S CHALLENGE TO WILL DISMISSED
Surrogate Norm Norah sitting in Manhattan Surrogates Court recently had a case before her where a brother objected to being disinherited in a will. In this case the decedent's brothers challenged the probate of the will. The two brothers were the sole blood relatives of the decedent sister. However, the sister had disinherited them in her will … [Read more...]
Ex-Wife Not Entitled to Life Insurance Proceeds of Deceased Former Husband
In a case in Erie County, New York, before Surrogate Barbara Howe, an estate sought to have the decedent’s ex-wife turn over the life insurance proceeds to the estate which she had received as a result of decedent’s death. In this case, the decedent left his entire estate to one of his sisters. She brought an application to the Surrogate’s Court to … [Read more...]
Revoking or Challenging a Will
A will is referred to as the last will and testament. Every will you write is your last will and testament. If you write a will when your children are infants, that will may not deal with the circumstances of your children 25 or 30 years later. You cannot assume the needs of your children or other loved ones are the same early in their lives as … [Read more...]
Scams Targeting Senior Citizens
To watch today's video blog, please click on the link below: https://youtu.be/-euau4_ig-Q Elliot S. Schlissel is an elder law attorney with more than 45 years experience. He and his associates represent clients with regard to wills, trusts, estate planning and probate administration. He can be reached for consultation at 516-561-6645, … [Read more...]
Benefits of a Trust
Please click on the link below to watch today's video blog: https://youtu.be/r2AvvQNIBF8 Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He and his associates have more than 100 years of combined experience representing clients in all aspects of estate planning. He can be reached for consultation by calling … [Read more...]
Ex-Father In Law Wins in Will Dispute
In a case called the Matter of the Estate of Robyn Lewis, a woman died at the age of 43. Her death was related to her being an alcoholic. The decedent, Robyn Lewis, had a will prepared in 1996. The will named her husband at the time, James A. Simmons, the sole and exclusive beneficiary. Under the terms of the will, if her husband pre-deceased her, … [Read more...]
Alzheimer’s Disease: A Horror Faced by Some Seniors
Are you becoming forgetful? Are you having what is commonly referred to as senior moments? Are you wondering are these the first stages of Alzheimer’s disease? Although memory problems can be a sign of the onset of Alzheimer’s disease, that is not always the case. There are other symptoms to the onset of early Alzheimer’s disease. What is … [Read more...]
Estate Planning: What Is It?
Estate planning involves making decisions concerning a variety of personal matters and financial issues to deal with issues involving your demise. A Will is a basic document which allows you to decide during your lifetime who will receive your money and your property in the event of your death. It also allows you to appoint someone to be in charge … [Read more...]
