To watch today's video blog, please click on the link below: https://youtu.be/pUnOQlVlAkg Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He and his associates are available for consultation at 516-561-6645, 718-350-2802 or by sending an email to schlissel.law@att.net. … [Read more...]
Estate Litigation – Part II
The second most common estate challenge deals with improper transfers of assets during the lifetime of the decedent. After an individual dies, questions as to the validity of transfers of assets during the decedent’s lifetime sometimes occur. The most common manner in which the funds of a decedent are improperly transferred involves the improper … [Read more...]
Estate Litigation
When someone dies their assets become the property of their estate. If the person who dies has a will, the individual in charge of carrying out the terms of the will is called an executor. The will names the person who will serve as executor. The will usually names an alternate executor if the first named executor is unable to serve. Will … [Read more...]
Guardian Appointed For Alleged Incapacitated Person’s Financial Exploitation of a 94 Year Old Woman
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...]
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...]
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...]
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...]
Convenience Accounts
In 1991, New York State passed a law creating convenience accounts. A convenience account is usually set up by a senior to allow another person who is named on the account to sign checks and make withdrawals solely for the benefit of the senior citizen who created the account. The purpose for the creation of convenience accounts is to avoid … [Read more...]
