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...]
Requirements When Preparing a Will
To watch today's video blog, please click on the link below: https://youtu.be/pUnOQlVlAkg Elliot S. Schlissel is a member of the National Academy of Elder Law Attorneys. He and his associates are available for consultation at 516-561-6645, 718-350-2802 or by sending an email to schlissel.law@att.net. … [Read more...]
Dying Without A Will
When an individual dies who has no will, the distribution of his or her estate is determined by the Intestacy Law of the state in which the person died in. In the State of New York, individual’s estates who die without a will are distributed as follows: 1. The first $50,000 goes to the spouse, if there is a spouse. The balance of the estate is … [Read more...]
Do Your Debts Die With You?
To start with your debts don't die with you. They survive your death. If you have a Will the obligation to deal with your debts falls upon your executor after the Will is probated. If you have no Will an administration proceeding can be brought by the next of kin to appoint someone to handle your affairs. Most Americans Die with Debts If after … [Read more...]
Copy of Will Denied Probate
In a decision by New York County Surrogate Court Judge Rita Melia, Judge Melia found a copy of a will could not be submitted to probate. There is a presumption when the original will cannot be found that it was revoked by the person who made the will destroying it. An uncontested action was submitted to Surrogate Melia. It was claimed the … [Read more...]
Revoking or Challenging a Will
A will is referred to as the last will and testament. Every will you write is your last will and testament. If you write a will when your children are infants, that will may not deal with the circumstances of your children 25 or 30 years later. You cannot assume the needs of your children or other loved ones are the same early in their lives as … [Read more...]
After a Loved One Passes
Losing a loved one can be an extremely difficult experience. In some situations after your loved one passes, their next of kin is called upon to supervise the estate of the deceased. After the funeral takes place, the individual charged with handling the estate of the deceased has to first find the assets and gather them together within the … [Read more...]
Walk Through of Decedent’s Home To Discover Assets Denied
A petition was brought to Gutierrez before Surrogate Rita Mella in the Surrogate’s Court of New York County. Gutierrez claimed he had personal possessions which were in the home of the decedent at the time of decedent’s death. The executor, Berlin, a sister of decedent asked the court to dismiss this discovery petition. The decedent had left a … [Read more...]
What is Intestacy?
To watch today's video blog, please click on the link below: https://youtu.be/KkunAMO6eA0 Elliot S. Schlissel drafts wills and trusts and aids his clients in all aspects of estate planning. Elliot handles estate litigation, including issues where a person has died without a will. He and his associates have more than 100 years of combined … [Read more...]
What is Needed During a Probate Proceeding?
A probate proceeding is a proceeding brought to see to it that a Will is accepted as being valid by the Surrogate Court in New York State. The best way to start a probate proceeding is to visit several attorneys and hire an experienced, dedicated estate lawyer. Make sure when you hire this lawyer, that he or she has been doing this for a minimum of … [Read more...]
