Everyone who lives will eventually grow old. Sometimes elderly individuals lose their mental and physical strength related to their aging. In these situations, they can be subject to undue influence concerning the money they have in the bank, other financial assets and real estate they own. The undue pressure can come from a variety of sources. … [Read more...]
Objections to the Probate of a Will
Please click on the link below to watch today's video blog: https://youtu.be/023eX_nXdfI Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. 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, or … [Read more...]
Guardianship Proceedings
To watch today's video blog, please click on the link below: https://youtu.be/8iE4A-E457A Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He and his associates have been handling guardianship proceedings for more than 45 years. Elliot can be reached for consultation by calling 516-561-6645 or 718-350-2802, or … [Read more...]
Objections to the Probate of a Will for Undue Influence and Lack of Capacity Denied by the Surrogate
Surrogate Peter Kelly, sitting in Queens County, recently had a case before him wherein a son objected to his father’s will being probated. The son, by his attorney, filed objections to probate. The objections alleged his father lacked testamentary capacity at the time of the execution of the will, the will was not properly executed, and there was … [Read more...]
Guardianship Petition Denied
Justice H. Patrick Leis, III sitting in the Supreme Court Part in Suffolk County recently denied an application for a son to be appointed the guardian of his mother. The son alleged that there was a power of attorney naming the daughter as the attorney in fact. Large sums of the mothers money were being spent. He claimed his sisters were taking … [Read more...]
Guardianship of a Child with Special Needs
In the State of New York children are considered adults when they reach the age of 18. All children are considered legally competent and capable of making decisions for themselves independently at 18 years of age. However, if you have a child with special needs you may be aware your child’s disability may never allow him or her to be a legally … [Read more...]
Pets and Planning Your Estate – Your Pets Cannot Inherit!
What happens to your dog or cat in the event you die? Who will take care of these animals? Will they be put to sleep? If you have a pet that is dear to you, you can make arrangements in your estate plan to take care of the pet. Taking Care of Pets After You Die You cannot leave money or assets to a pet. However, you can set up a trust and … [Read more...]
Guardianship Litigation
Please click on the link below to watch today's video blog: https://youtu.be/GqsiyKMPw-4 Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He has been representing clients in all aspects of guardianship proceedings for nearly 45 years. He and his associates are available for consultation by calling 516-561-6645 … [Read more...]
Philip Seymour Hoffman Disinherits His Children
In February 2014, Philip Seymour Hoffman died. He had written a will in 2004. His will left all of his worldly assets to his “friend and companion” Mimi O’Donnell. Mimi was the mother to his three children. Mr. Hoffman’s lawyer and his accountant had made recommendations to create trusts for his children. Mr. Hoffman rejected their suggestions. He … [Read more...]
Photocopy of Will Admitted to Probate: Original Will Lost in Storm, Not Destroyed or Revoked by Testate
In a case before Surrogate's Court Judge Peter Kelly in Queens County, the children of decedent sought to probate a photocopy of a will. A hearing was held before Surrogate Peter Kelly as to whether a photocopy of a lost will could be submitted to probate. The general rule with regard to lost wills is there is a presumption the person who made out … [Read more...]
