Contesting a will involves a formal challenge to the validity of the will. The challenge to the will can be based on the failure of the execution ceremony to meet the appropriate statutory requirements. Another avenue for challenging a will involves allegations of the testator – the party making the will – not having the mental capacity to … [Read more...]
NY Family Health Care Decisions Act
Governor David Patterson, in the State of New York has recently signed into law the Family Health Care Decisions Act. This statute authorizes health care decisions to be made for a person who is incapacitated and has not prepared a healthcare proxy specifically indicating his or her wishes. This statute authorizes family members without a written … [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...]
Getting a Common Law Marriage Recognized in New York
Common Law Marriage Versus Regular Marriage The majority of states have laws establishing that marriages are only recognized when created with a marriage license and an official marriage ceremony. This is very important because many rights are dependant on the existence of a valid marriage. For instance, only a wife is entitled to an equitable … [Read more...]
Cremation or Burial – Autopsy or Not – Who Decides?
Robert Harper, of the NY Trusts & Estates Litigation blog, recently wrote about the law as it relates to the right to decide how human remains are disposed of in New York. The article quoted NY Public Health Law § 4201(2)(a), which identifies an order of priority of who has the right to direct how a deceased person's remains are disposed of. … [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...]
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...]
