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...]
Reforming a Trust
Surrogate Rita Mella, sitting in the Surrogate’s Court in New York County, recently had a case involving the issue of reforming and/or changing a trust. In this case, the two co-trustees brought a proceeding to make major modifications to the terms of the trust. These trustees requested they be given a limited power to invade trust principal. The … [Read more...]
Estate Litigation – Part I
There are a variety of situations which result in litigation of estate related matters. The first, and most common, case which is litigated in the Surrogate’s Courts in New York State is a will contest or the challenging of a trust. The most common reason for challenging a will or a trust is lack of testamentary capacity or undue … [Read more...]
Elder Law Estate Plan: What is an elder law estate plan and what are its components?
A Trust Most elder law estate plans are composed of either an Irrevocable Medicaid Asset Protection Trust (MAPT) or a Revocable Living Trust (RLT). The MAPT is utilized where protection of assets is required because the senior does not have long term care insurance. Assets need to be protected in the event the senior needs to go into a nursing … [Read more...]
Godmother Appointed Guardian of 40 Year Old With Down’s Syndrome
A guardianship action was brought before Surrogate Rita Melia in the Surrogate’s Court of New York County. This guardianship was brought pursuant to Surrogate’s Court Procedure Act Article 17(a). The purpose of the proceeding was to determine who should be appointed the guardian of R.H., a 40 year old who suffered from Down’s Syndrome. Both of … [Read more...]
Dying Without A Will
When an individual dies who has no will, the distribution of his or her estate is determined by the Intestacy Law of the state in which the person died in. In the State of New York, individual’s estates who die without a will are distributed as follows: 1. The first $50,000 goes to the spouse, if there is a spouse. The balance of the estate is … [Read more...]
Doctor Assisted Suicide
Attorneys for a group of terminally ill individuals have taken legal action to prevent prosecution of physicians who provide assistance in dying to terminally ill, mentally competent individuals. The attorneys have sued 5 district attorneys and the attorney general for the State of New York to stop them from prosecution of physicians who provide … [Read more...]
Court Terminates Trust
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...]
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...]
