There are a variety of requirements as to who can write a will. To start with, you must be at least 18 years of age to write a will in the State of New York. An individual who has obtained the age of 18 is considered to be an adult and therefore capable of writing a will. Testamentary Capacity Individuals who write wills must have testamentary … [Read more...]
Why Should You Have A Will?
To watch today's video blog, please click on the link below: https://youtu.be/SsAzKSway8I Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his associates have more than 100 years of combined legal experience representing clients with regard to all aspects of wills, trusts, and estate matters. … [Read more...]
Wife Held in Contempt for Failure to Turn Over Funds Pursuant to Court Order
Surrogate Nelida Malave-Gonzalez sitting in Bronx County recently found a wife in contempt for failure to abide by court orders. A proceeding was brought to find the wife in contempt with regard to her failure to abide by a court Order of April 28, 2010. This court Order required her to turn over $102,395.36 to her husband’s estate. The wife failed … [Read more...]
Wife Held In Contempt Of Court
To watch today's video blog, please click on the link below: https://youtu.be/FpRg0jWOT8o Elliot S. Schlissel is an elder law attorney. He has been representing clients for more than 45 years concerning wills, trusts, estates and elder law planning matters. He can be reached at 516-561-6645, 718-350-2802, 1-800-344-6431, or by email to … [Read more...]
Wife Waives Her Rights to Inherit From Her Husband in a Prenuptial Agreement
Please click on the link below to watch today's video blog: https://youtu.be/FdHhWlHGrKE Elliot S. Schlissel is an elder law attorney. He can be reached at 516-561-6645, 718-350-2802, or by email to schlissel.law@att.net. … [Read more...]
Accounting Proceedings
The individual in charge of gathering the assets in an estate, trust or a will is called a fiduciary. Fiduciaries have administrative duties to see to it estates, wills and trusts are handled appropriately. They have a special responsibility for dealing honestly and responsibly with the estate assets. They often are responsible for collecting, … [Read more...]
WILL ADMITTED TO PROBATE OVER OBJECTIONS
In a case before Surrogate Robert Gigante, Pending in Richmond County (Staten Island) Judge Gigante dealt with challenges to the probate of a will based on undue influence and failure of the will to be properly executed. The will was submitted for probate by the decedent's brother. The decedent's children objected to the probate of the will. The … [Read more...]
Will Leaving $100,000 to a Cat is Upheld
Charlotte Stafford had three nephews and a cat. She left her cat, Kissiemeouw, $100,000 and she disinherited her three nephews. Nephews Challenge The Will The nephews challenged the will. They claim their aunt did not have the mental competency to make a will. The attorney who drew up the will testified Charlotte Stafford was “very aware and … [Read more...]
A Mother Sought to Inherit From Her Deceased Children
Please click on the link below to watch today's video blog: https://youtu.be/X7m3OJ_ACwU Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his associate attorneys maintain a sophisticated practice handling numerous estate proceedings each year. He can be reached for a consultation at 1-800-344-6431, … [Read more...]
Will Requirements
There are a number of requirements necessary to write what is referred to as a self proving will. I. You must be of sound mind to write a will. You must understand what you are putting into the will. You must know you are writing a will. You must understand who your next of kin are and what your assets are. You must be 18 years … [Read more...]
