Surrogate Edward W. McCarty, III, sitting in the Surrogate’s Court of Nassau County, recently granted Letters of Administration to the sister of a decedent. The sister had petitioned for Temporary Letters of Administration. In her application she claimed the decedent’s wife had waived her status to inherit from her husband’s estate pursuant to a … [Read more...]
Billion Dollar Divorce
Harold Hamm, the Chief Executive and majority shareholder of Continental Resources, has been ordered to pay $1 billion dollars to his wife in a divorce settlement by a court in Oklahoma. It is estimated Harold is worth more than $18 billion dollars. Forbes magazine has named him as the 24th richest man in the United States. This $1 billion dollar … [Read more...]
Should You Get A Prenuptial Agreement
On today's video blog we address the question of whether you should get a prenuptial agreement before entering into a marriage: Elliot S. Schlissel is a family law attorney. He can be reached at 1-800-344-6431 or by email at elliot@sdnylaw.com … [Read more...]
Prenuptial Agreements and Social Media Issues
The standard prenuptial agreement which has been utilized by lawyers in New York for more than a hundred years usually deals with financial issues. The issues involve how much, if any, spousal maintenance there will be in the event of a divorce. How property will be equitably distributed in divorce situations? What is separate property and what is … [Read more...]
Setting Aside a Prenuptial Agreement
Prenuptial agreements are becoming more common in marriages. This is especially true in second marriages. Individuals who have gone through difficult divorces in their first marriage are more likely to desire to have a prenuptial agreement to simplify matters should they divorce in their second or third marriages. Form Documents and Internet … [Read more...]
Who Needs a Prenuptial Agreement?
Prenuptial agreements are not for everyone. The only individuals eligible for prenuptial agreements are people getting married. Seriously though, who needs a prenuptial agreement and why would you really want one? Prenuptial Agreements deal with issues such as assets accumulated during the marriage, professional licenses and spousal … [Read more...]
Prenuptial Agreement Set Aside By Court
A wife recently brought a proceeding before Judge Anthony J. Falanga in the Supreme Court located in Nassau County. She claimed in this proceeding the 1998 prenuptial agreement she executed should be set aside. She alleged her husband fraudulently induced her into signing the agreement. She was convinced to sign the prenuptial agreement because of … [Read more...]
Prenuptial Agreement In, Lawyer Out
Supreme Court Justice Daniel Palmari recently disqualified Jeffrey S. Stephens from representing Edward Scannapieco, pursuant to a New York ethics rule that bars an attorney from working as an advocate in a case when his presence may have a "significant issue effect." Justice Palmari found that attorney Stephens of Greenwich, Connecticut, had … [Read more...]
Prenuptial Agreement between American Male and French Woman
Judge Kaplan, sitting in the Southern District of New York (a federal court), was recently presented with an issue as to whether the United States or France should interpret the terms of a prenuptial agreement. The wife in this situation was a citizen of France. The husband was a citizen of the United States. They had entered into a prenuptial … [Read more...]