In a proceeding before Surrogate Rita Mella in Manhattan Surrogate’s Court both a mother and a father had brought an Article 17A guardianship proceeding under the Surrogate Court Procedure Act (“SCPA”). Each of the parents sought to be appointed the guardian of Elijah J., a developmentally disabled individual. A guardian ad litem (temporary … [Read more...]
Mother Can’t Receive Inheritance From The Estates of Her Three Children Whom She Killed!
Judge McCarty sitting in the Surrogate’s Court in Nassau County recently had a unique case before him. A mother had drowned her three children. However, she was found not guilty due to mental illness. Judge McCarty ruled even though the mother was mentally ill and she did not know that her conduct was immoral and wrong, she could still not … [Read more...]
Guardianship Proceedings in Surrogate’s Court
Guardianship proceedings in the Surrogate’s Courts in New York State are regulated by Article 17A of the New York Surrogate’s Court Procedure Act. Pursuant to guardianships brought under Article 17A, parents who have a child who is either developmentally or intellectually disabled can maintain decision making authority for the child after the child … [Read more...]
Naming An Executor In Your Will – Part I
The executor of a will is the person who is in charge of handling your funeral arrangements, paying the bills which accrued prior to your death or related to your funeral, gathering your assets, filing tax returns when appropriate, and seeing to it your assets are distributed to the appropriate beneficiaries pursuant to the terms of your will. So … [Read more...]
Guardianship Proceedings in New York
There are several reasons to bring a guardianship proceeding in New York State. A situation may have arisen where a family friend or loved one is no longer capable of either taking care of themselves or handling their finances. In other situations an individual who is becoming incapacitated becomes the victim of a fraudulent transfer of assets, … [Read more...]
Naming An Executor In Your Will – Part II
There are a number of duties and responsibilities an executor has. Here is a list of some of these duties: resolve disputes among family members; handle funeral arrangements for the deceased; hire the attorney for the estate; preserve, collect and value the estate’s assets; cooperate with the attorney for the estate in … [Read more...]
Nest Eggs Gone
Americans are raiding their 401(k) plans to pay for current expenses. Approximately 25% of Americans with 401(k) plans have been withdrawing money to pay current needs. Sixty billions dollars has been withdrawn this past year from 401(k) plans to pay for current expenses such as mortgages, credit card obligations and car loans. Retirement Funds … [Read more...]
Guardianship Proceedings
Please click on the link below to watch today's video blog: https://youtu.be/adD-G285k9M Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his attorneys have more than 100 years of combined legal experience handling all aspects of guardianship proceedings, estate planning and estate litigation. … [Read more...]
New York State Tax Exemption Statute
If you die in the State of New York, you may have to pay New York State inheritance taxes. This is in addition to potentially paying federal estate taxes. Until fairly recently only the first $1,000,000 inherited in an estate was exempt from New York State estate taxation. However, the law recently changed. The tax exemption for an estate is now … [Read more...]
No Contest Clauses in Wills
The formal name for a no contest clause in a will is called an “in terrorem” clause. The purpose of this clause in a will is to prevent a beneficiary from challenging the will. How No Contest Clauses Work No contest clauses have to be set up in a will in a manner which gives them teeth. The way it usually works is a beneficiary to the will is … [Read more...]
