In a recent case the administrator of an estate tried to probate a copy of a decedent's will. The son challenged the probating of a copy of the will. The court rendered a ruling there is a presumption that a will in the possession of a decedent which cannot be found after his or her death was destroyed by the decedent. New York Regarding Missing … [Read more...]
Legal Action to Disqualify Mother from Inheriting from her Dead Son
A proceeding to probate a will was brought in Ulster County New York before Surrogate Sarah McGinty. The son who died was 48 years old. The attesting witnesses to the will were the chief beneficiaries of the will. Beneficiaries to a will cannot act as witnesses to the will. Therefore, under New York State law the bequests left to these 2 … [Read more...]
Issues to be Considered When Drafting a Will
If you are born, you will die. It is a fact of life. Writing a will is not something most individuals look forward to. However, responsible individuals who want to simplify the lives of their children and other loved ones write wills. A will can help you be sure your assets will go to the persons you want to receive them. A will can ensure if both … [Read more...]
How to Handle an Improper Will
Please click on the link below to watch today's video blog: https://youtu.be/diSYdWiNpXU Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his attorneys have more than 100 years of combined legal experience handling all aspects of estate planning and estate litigation. Please call to schedule a … [Read more...]
Mickey Rooney’s Will Contest
Mickey Rooney recently died at age 93. He had been performing for almost eighty years. Mickey’s Last Will and Testament left his entire estate to his stepson. His wife, Janice, and all of his other children were disinherited. They are now challenging Mickey’s last will. Eugene Belous, the attorney for Mickey’s wife, claims the will contains a … [Read more...]
Misconceptions About Wills
Misconception 1: “I am not rich enough to have a will.” Response: Oh really! Do you have a car, a home, furniture, bank accounts, pension, 401(k), or life insurance? If you do, you are not too poor to have a will. You may end up being worth more at the time of your death than you realize. In addition to distributing your assets, a will allows … [Read more...]
Home loans – Who pays them in the event of your death?
There are a lot of questions that are very practical for real life and do cross our minds but we don't know where to seek the answers for them. One such question is if you have a home loan on your name, what happens in case of your death. Simply putting, the loan will get transferred to the co-applicant or the legal heirs that you have. Thus it … [Read more...]
Misconceptions Regarding Wills
To watch today's video blog, please click on the link below: https://youtu.be/XRVj__nSeAY Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. Elliot and his attorneys have more than 100 years of combined legal experience handling all aspects of estate planning and estate litigation. Please call to schedule a … [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...]
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...]
