Wills, revocable trusts, and irrevocable trusts are all estate planning devices. Revocable trusts are a type of trust that can be changed, modified, or revoked at anytime. This type of trust allows you to change your mind with regard to all aspects of the terms of the trust. These trusts are very flexible. Uses of a revocable trust: 1. … [Read more...]
Who Needs a Will? You Do!
Do you have assets? Do you own a house? Have you been married more than once? Do you have children from more than one relationship? Are you concerned about what happens after your death to your spouse and/or your children? Are you single? All of the above individuals need a Will. Estate contests often develop between children from the first … [Read more...]
Challenging an Invalid Will
Pursuant to EPTL § 3-2.1, a Will can only be probated if it conforms to the following requirements, among others: Will must be signed at the end and initialed on every page in front of the witnesses. The Will must be signed in the presence of at least 2 witnesses (Some states require 3) The witnesses must also sign an attestation … [Read more...]
When You (Or a Loved One) May be Entering a Nursing Home…
If you, a spouse, or parent think that you may need the services of a nursing home in the near future, you should know that there are some things you can do to plan for this possibility and help maintain some of the person's assets. Nursing homes can be very expensive. Residing on one can deplete $9,000 to $12,000 per month from one's assets on a … [Read more...]
Who Needs An Estate Planning Attorney? – Video
Our office maintains a very large Wills, Trusts & Estates and general Elder Law practice. See the video above and our New York Wills and Trusts website for more information. … [Read more...]
N.Y. Validates License-less Religious Marriages But Not N.J., Unless…
Prof. Howard M. Friedman, at the Religion Clause blog, has posted another very interesting case relating to New York Domestic Relations Law. He reported on the case of Matter of Farraj, decided by the Surrogate's Court in Kings County last week. In that case, Rabaa M. Hanash, the decedent Daoud Farraj's wife, petitioned the court for an accounting … [Read more...]
Who Needs to Write a Will? – Video
This is the first post in a series of short videos by New York attorney Elliot S. Schlissel, Esq, providing basic information about important aspects of Estate Planning. This informational video is entitled, "Who Needs a Will." Mr. Schlissel's is a leading Elder Law and Wills Trusts and Estates attorney in the 5 Boroughs of New York, Nassau and … [Read more...]
Power of Attorney Laws Changing in New York
Spurred on by financial abuse of the elderly, New York will change its laws with regard to executing a valid "Power of Attorney" ("POA") document. The new law will be effective September 1, 2009, although POAs executed before that date in compliance with the old law will still be valid. This development makes it especially important to use an … [Read more...]
Review of Select Law School Audio CDs
One strategy that has been very effective for me in my law school career has been listening to audio summaries of many of my courses. In addition to preparing for class, briefing cases, outlining, and doing practice exams (indispensable!), I use my time driving to and from work and law school to listen to audio lectures of the courses I'm taking, … [Read more...]
What Rights Does Someone Fraudulently Cut Out of a Will Have?
The latest in a series of law review articles has been released that relate to the tort of "Tortious Interference With Expectation of Inheritance." In those states that recognize this tort, it gives someone the right to sue a decedent's beneficiary or distributee for money that is allegedly wrongly received in an inheritance when the following … [Read more...]
