Judge McCarty sitting in the Surrogate’s Court in Nassau County recently had a unique case before him. A mother had drowned her three children. However, she was found not guilty due to mental illness. Judge McCarty ruled even though the mother was mentally ill and she did not know that her conduct was immoral and wrong, she could still not … [Read more...]
Guardianship Proceedings in Surrogate’s Court
Guardianship proceedings in the Surrogate’s Courts in New York State are regulated by Article 17A of the New York Surrogate’s Court Procedure Act. Pursuant to guardianships brought under Article 17A, parents who have a child who is either developmentally or intellectually disabled can maintain decision making authority for the child after the child … [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...]
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...]
Revoking or Challenging a Will
A will is referred to as the last will and testament. Every will you write is your last will and testament. If you write a will when your children are infants, that will may not deal with the circumstances of your children 25 or 30 years later. You cannot assume the needs of your children or other loved ones are the same early in their lives as … [Read more...]
Alzheimer’s Disease: A Horror Faced by Some Seniors
Are you becoming forgetful? Are you having what is commonly referred to as senior moments? Are you wondering are these the first stages of Alzheimer’s disease? Although memory problems can be a sign of the onset of Alzheimer’s disease, that is not always the case. There are other symptoms to the onset of early Alzheimer’s disease. What is … [Read more...]
Special Needs Trusts Explained
Special Needs Trusts are used to help family members, loved ones and friends who suffer from debilitating mental and physical problems. Special Needs Trusts are also referred to as Supplemental Needs Trusts. The purpose of these trusts is to set aside funds and other valuable assets to help mentally or physically disabled individuals live with … [Read more...]
Advanced Directives
Living Will Living wills should not be confused with last wills and testament. Living wills do not provide for the disposition of assets after death. Living wills are designed to state an individual’s preference with regard to medical treatment should they be unable to communicate or direct their doctors or family members concerning their wishes. … [Read more...]
