The individual named as the executor in a Will is entrusted with the assets of the individual who drafted the Will after the individual dies. The executor has responsibilities with regard to administrating the estate, accounting for its assets, paying taxes, distributing the assets of the estate, and dealing with a variety of other issues. … [Read more...]
Man Seeks to Recover Property From Decedent’s Home
Please click on the link below to watch today's video blog: https://youtu.be/IbfgPc_ORB8 Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his associates have been representing clients for more than 45 years in all aspects of estate litigation, estate planning, drafting wills and trusts, and … [Read more...]
Litigating Issues Involving Wills And Other Assets Taking Advantage Of The Elderly and Infirm – Part III
Fraud involves a situation where there has been a material misstatement of facts that the individual preparing a document such as a will, a trust or opening a joint bank account believed to be true. In this situation even the acts of competent individuals can be tricked into transferring assets or changing the individuals named on bank accounts or … [Read more...]
Litigating Issues Involving Wills And Other Assets Taking Advantage Of The Elderly and Infirm – Part II
Undue Influence Undue influence occurs in situations involving emotional or physical coercion. Threats, flattery and excessive action to persuade an individual to the point where that person no longer has a freedom or will on their own to make decisions as to who should receive their assets, are all examples of undue influence. When the … [Read more...]
Litigating Issues Involving Wills And Other Assets Taking Advantage Of The Elderly and Infirm – Part I
In some societies as parents and other loved ones grow older, the level of respect and help provided to them by their children and other loved ones increases. Sometimes, however, loved ones who are sickly or suffer from Alzheimer’s disease are taken advantage of for financial gain. Examples of inappropriate actions where individuals seek to enrich … [Read more...]
How to Handle an Improper Will
Please click on the link below to watch today's video blog: https://youtu.be/diSYdWiNpXU 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 estate planning and estate litigation. Please call to schedule a … [Read more...]
How Estate Litigation Works in Surrogate’s Court – Part II
The Trial The trial will either be conducted before a jury or by a judge. There are certain issues an individual can request a jury for. If the claims at trial are that the executor, administrator or trustee embezzled funds or acted improperly, the court can order that individual to repay the estate or the trust for the funds which were improperly … [Read more...]
How Estate Litigation Works in Surrogate’s Court – Part I
The individual who files a lawsuit against an estate must prove to the court they have a sufficient basis for the lawsuit. Oftentimes individuals come into our office who are unhappy with someone’s will. They seek to challenge the will because they were either left out of the will or didn’t receive their fair share. Unfortunately, being unhappy … [Read more...]
Mickey Rooney’s Will Contest
Mickey Rooney recently died at age 93. He had been performing for almost eighty years. Mickey’s Last Will and Testament left his entire estate to his stepson. His wife, Janice, and all of his other children were disinherited. They are now challenging Mickey’s last will. Eugene Belous, the attorney for Mickey’s wife, claims the will contains a … [Read more...]
Misconceptions Regarding Wills
To watch today's video blog, please click on the link below: https://youtu.be/XRVj__nSeAY 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 estate planning and estate litigation. Please call to schedule a … [Read more...]
