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...]
No Contest Clauses in Wills
The formal name for a no contest clause in a will is called an “in terrorem” clause. The purpose of this clause in a will is to prevent a beneficiary from challenging the will. How No Contest Clauses Work No contest clauses have to be set up in a will in a manner which gives them teeth. The way it usually works is a beneficiary to the will is … [Read more...]
Guardianship Proceedings
Everyone who lives will eventually grow old. Sometimes elderly individuals lose their mental and physical strength related to their aging. In these situations, they can be subject to undue influence concerning the money they have in the bank, other financial assets and real estate they own. The undue pressure can come from a variety of sources. … [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...]
Reclusive Heiress’ Estate Settled
Huguette Clark died in 2011. At the time of her death, she had more than $300,000,000 in assets. There has recently been a tentative settlement agreement worked out between a variety of parties litigating over the late Huguette Clark’s $300,000,000 estate. Her Life Story Ms. Clark was born in 1906. She died at the age of 104. She had been … [Read more...]
Reforming a Trust
Surrogate Rita Mella, sitting in the Surrogate’s Court in New York County, recently had a case involving the issue of reforming and/or changing a trust. In this case, the two co-trustees brought a proceeding to make major modifications to the terms of the trust. These trustees requested they be given a limited power to invade trust principal. The … [Read more...]
Retirement for Seniors is Growing Out of Reach
In earlier generations, retirement was looked at by Americans as their golden years. This may no longer be the case for seniors. It is estimated close to half of all Americans facing retirement age are economically insecure. More than a quarter of all individuals facing retirement have less than $1,000 in savings. The average senior citizen has to … [Read more...]
Elder Law Estate Plan: What is an elder law estate plan and what are its components?
A Trust Most elder law estate plans are composed of either an Irrevocable Medicaid Asset Protection Trust (MAPT) or a Revocable Living Trust (RLT). The MAPT is utilized where protection of assets is required because the senior does not have long term care insurance. Assets need to be protected in the event the senior needs to go into a nursing … [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...]
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...]
