Please click on the link below to watch today's video blog: https://youtu.be/IbfgPc_ORB8 Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his associates have been representing clients for more than 45 years in all aspects of estate litigation, estate planning, drafting wills and trusts, and … [Read more...]
Litigating Issues Involving Wills And Other Assets Taking Advantage Of The Elderly and Infirm – Part II
Undue Influence Undue influence occurs in situations involving emotional or physical coercion. Threats, flattery and excessive action to persuade an individual to the point where that person no longer has a freedom or will on their own to make decisions as to who should receive their assets, are all examples of undue influence. When the … [Read more...]
How To Avoid Probate in New York – Part II
Testamentary Substitutes Payable on death accounts. A payable on death account is a bank account maintained in one individual’s control which has specific instructions about when that individual dies, it gets paid to a specific beneficiary. The beneficiary has no rights until the individual who opened the account dies. Joint ownership … [Read more...]
How To Avoid Probate in New York – Part I
The probate process in New York can involve expenses, time delays and the opening up of family related issues to public scrutiny. There are a number of mechanisms which can be utilized to avoid probate. The following are examples of various types of legal measures which can be utilized to avoid probate: Living trusts. In the State of New York, … [Read more...]
How Do I Avoid Probate?
In some states, the probate process can be long and expensive. Wills, when they are probated, are public documents and anyone can go to the courthouse and view the Will. While there is a valid reason for drafting a Will and having it probated, in some cases this may not be the very best way to handle the transfer of assets from one generation to … [Read more...]
Handling An Estate in a Nutshell
All human beings that live will eventually die. When a loved one passes, dealing with his or her estate is not a task most people look forward to. However, most people will, during the course of their lifetime, be involved with estate issues concerning a loved one. When the grief passes, the issues involved are who are the heirs of the estate, … [Read more...]
Naming An Executor In Your Will – Part I
The executor of a will is the person who is in charge of handling your funeral arrangements, paying the bills which accrued prior to your death or related to your funeral, gathering your assets, filing tax returns when appropriate, and seeing to it your assets are distributed to the appropriate beneficiaries pursuant to the terms of your will. So … [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
Please click on the link below to watch today's video blog: https://youtu.be/023eX_nXdfI Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He has been representing clients for more than 45 years concerning wills, trusts, estates and elder law planning matters. He can be reached at 516-561-6645, 718-350-2802, or … [Read more...]
Probate Issues
An estate proceeding was brought in Queens County, New York before Surrogate Peter Kelly. In this case the executor, the son of the decedent, asked that his mother’s 2012 Will be probated. The sister had objected to the probating of the Will. She alleged in her application before Judge Kelly that her mother lacked testamentary capacity, there was a … [Read more...]
