A parent signs a new will shortly before death. The new instrument changes decades of prior planning. Family members know the parent had memory problems, was physically frail, took substantial medication, or had been diagnosed with dementia.
A business served with a lawsuit often wants to know whether it can have the case dismissed before answering.
Sometimes it can.
CPLR 3211 provides a...
A family may agree on who should administer an estate and still encounter an unexpected issue before letters are issued: the proposed fiduciary is told that a bond may be required.
A fiduciary...
Most New York lawsuits begin with a complaint, an answer, disclosure, and eventually a dispositive motion or trial.
CPLR 3213 creates an important exception. When an action is...
A will that says "I leave my estate equally to my children" is easy to understand. It is not always the best way to structure an inheritance.
An outright gift...
A beneficiary reads a will and discovers an unexpected disposition. A sibling receives most of the estate. A longtime caregiver receives a substantial gift. A prior will was dramatically different. The beneficiary wants to investigate whether...
Winning a lawsuit and collecting the judgment are different stages of litigation.
A plaintiff may obtain a money judgment after trial, summary judgment, or default and still receive nothing voluntarily from the defendant. The...
A person can live, die, and have a will admitted to probate in another state while still owning property in New York. A common example is a Florida, Texas, or Connecticut resident who owns a...
A business completes work, sends invoices, and waits for payment. The customer does not immediately dispute the charges. Months pass. Perhaps the customer pays part of the balance, promises to pay later, or simply...
A trust may appear to state who ultimately receives its property, yet the final distribution can sometimes depend on a decision made years later by someone other than the person who created the trust....
