Wills, revocable trusts, and irrevocable trusts are all estate planning devices. Revocable trusts are a type of trust that can be changed, modified, or revoked at anytime. This type of trust allows you to change your mind with regard to all aspects of the terms of the trust. These trusts are very flexible. Uses of a revocable trust: 1. … [Read more...]
Nursing Home Expenses & Medicaid
America has a healthcare crisis. President Obama is now battling with Congress to deal with long term issues involving healthcare. An area of healthcare that is very often overlooked deals with what happens to Americans when they can't care for themselves. The best way to maintain a senior is to keep them in their home under circumstances that … [Read more...]
Who Needs a Will? You Do!
Do you have assets? Do you own a house? Have you been married more than once? Do you have children from more than one relationship? Are you concerned about what happens after your death to your spouse and/or your children? Are you single? All of the above individuals need a Will. Estate contests often develop between children from the first … [Read more...]
Getting a Common Law Marriage Recognized in New York
Common Law Marriage Versus Regular Marriage The majority of states have laws establishing that marriages are only recognized when created with a marriage license and an official marriage ceremony. This is very important because many rights are dependant on the existence of a valid marriage. For instance, only a wife is entitled to an equitable … [Read more...]
Cremation or Burial – Autopsy or Not – Who Decides?
Robert Harper, of the NY Trusts & Estates Litigation blog, recently wrote about the law as it relates to the right to decide how human remains are disposed of in New York. The article quoted NY Public Health Law § 4201(2)(a), which identifies an order of priority of who has the right to direct how a deceased person's remains are disposed of. … [Read more...]
Who Needs An Estate Planning Attorney? – Video
Our office maintains a very large Wills, Trusts & Estates and general Elder Law practice. See the video above and our New York Wills and Trusts website for more information. … [Read more...]
N.Y. Validates License-less Religious Marriages But Not N.J., Unless…
Prof. Howard M. Friedman, at the Religion Clause blog, has posted another very interesting case relating to New York Domestic Relations Law. He reported on the case of Matter of Farraj, decided by the Surrogate's Court in Kings County last week. In that case, Rabaa M. Hanash, the decedent Daoud Farraj's wife, petitioned the court for an accounting … [Read more...]
Power of Attorney Laws Changing in New York
Spurred on by financial abuse of the elderly, New York will change its laws with regard to executing a valid "Power of Attorney" ("POA") document. The new law will be effective September 1, 2009, although POAs executed before that date in compliance with the old law will still be valid. This development makes it especially important to use an … [Read more...]
Estate Administration, Sperm Donation & “Sleazy Labs”?
The New York Law Blog reported on the recent case of Speranza v Repro Lab Inc., which was decided by the Appellate Division, First Department, on March 3rd. In this case, a man, Mark Speranza, deposited several semen samples with Repro Lab in advance of a medical treatment that he had reason to suspect might affect his ability to have children. … [Read more...]
Elliot Schlissel Interview on NPR Re Brooke Astor
The Brooke Astor Estate is in the news again. Gerry W. Beyer, of the Wills, Trusts and Estates Prof Blog, reported that this coming Monday, March 2, the trial against Mrs. Astor's son Tony, will begin. It is alleged that while Tony Marshall was guardian for his mother, he swindled millions of dollars from Mrs. Astor, who was suffering from … [Read more...]
