A guardianship proceeding was brought before Justice Alexander Hunter Jr., who sits in the Supreme Court of Bronx County. After a hearing, a guardian was appointed for a 94 year old woman, FG. FG had lived in the Hebrew Home for the Aged. A social worker testified at the time of the hearing FG had undergone a variety of tests and evaluations by a … [Read more...]
Dying Without a Will – Who Inherits?
When an individual who has not written a will dies, it is said he or she died intestate. Intestate succession in New York State deals with the distribution of assets as follows: If the individual who dies did not have a spouse at the time of his or her death, and he or she had children, the children would inherit all of the … [Read more...]
Guardian Allowed to Transfer New York Guardianship to Florida
Surrogate Edward McCarty, III, sitting in Nassau County Surrogate’s Court, was recently presented with a case where a guardian sought to transfer a guardianship from New York to Florida. Francis P. was the guardian of both the person and property of his sister Louise D. In addition, he was the trustee under a supplemental needs trust for his … [Read more...]
Documents Necessary To Probate A Will
In the State of New York, the probate process is undertaken in the Surrogate’s Court before a Surrogate Judge. Surrogate’s Court also supervises estates called intestate estates, where a Will was not drafted by the decedent. There are a variety of documents the Surrogate’s Court requires to facilitate the probate process. The most important … [Read more...]
Document Executed in Hospital Not a Valid Will
In a matter which recently appeared before Surrogate John Czygier Jr. sitting in Suffolk County, the validity of a will was being questioned. A man was in the hospital. He wrote a one page document in his own hand and signed it before going into surgery. The document named his long time companion as executrix and gave her the large majority of … [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...]
Do It Yourself Estate Planning: A Big Mistake!
We live in the age of the internet. There are numerous websites that provide information with regard to preparing your own wills and trusts. Many of these self service legal websites have spent significant amounts of money advertising their services on the internet. They purport to provide you a way of one stop shopping in the area of estate … [Read more...]
Divorce’s Impact on Wills and Other Testamentary Devices
Let’s say you get divorced but you don’t modify your will or change your bank accounts. What happens at the time of your death if your ex-wife is the beneficiary of your will and other assets are held jointly with your ex-wife? New York State Law Under New York State Estate Powers and Trusts Law Section 5-1.4, unless a will expressly states … [Read more...]
Decedent’s Sister Fails to Set Aside Will
Roosevelt, the sister of MacGuian, brought a proceeding in the Surrogate’s Court of New York County before Surrogate Rita Mella challenging a Will that MacGuian had executed in 2011. She claimed the Will, which was being submitted by the executor Eng, the decedent’s long time girlfriend, should not be accepted for probate. Roosevelt claimed the … [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...]
