A recurring problem in New York estate litigation begins with an alleged promise.
A child claims that a parent promised them the family home if they remained nearby and provided care. A longtime companion says the decedent promised that they could continue living in a residence after...
Most people preparing an estate plan can readily identify their house, bank accounts, investment accounts, retirement assets, and personal property. What is often overlooked is the substantial amount of information and property that now exists only in digital form or is accessible primarily through an online account.
Many people assume that naming an executor in a will guarantees that the named individual will eventually administer the estate. In practice, that is not always what happens. Executors sometimes die before the testator, become incapacitated, decline to serve, cannot be located, or become otherwise unable to act.
Many people believe that once a revocable trust has been signed, the planning process is complete. The trust agreement is executed, the estate planning binder is assembled, and the client leaves believing that probate avoidance has been accomplished.
Unfortunately, that assumption is often incorrect.
One of the first documents family members often receive after a loved one's death is a Waiver and Consent. The document may arrive with a probate petition, a copy of the will, and a request that it be signed and returned promptly. Many recipients assume it is merely a formality. Others...
One of the most misunderstood evidentiary rules in New York probate litigation is the Dead Man's Statute, codified in CPLR 4519. Clients are often surprised to learn that testimony they consider important may be restricted because the person who allegedly participated in a conversation or transaction is deceased and therefore unable...
Many people assume that a health care proxy and a living will are the same document. In reality, they serve different purposes, although they are often used together as part of a comprehensive estate plan.
The confusion is understandable. Both documents address medical decision-making during periods of...
Few allegations generate more emotion in a probate proceeding than a claim that a loved one was pressured into signing a will. Family members may believe that a sibling, caregiver, neighbor, friend, or later-life companion manipulated the decedent into changing an estate plan. In many cases, those suspicions become formal objections...
A divorce changes a family structure, but it does not automatically clean up every estate planning document, beneficiary designation, fiduciary appointment, or jointly held asset. Many people assume that once a judgment of divorce is entered, their former spouse is completely removed from all estate-related documents. In New York, that assumption is...
One of the more difficult situations in estate administration occurs when family members discover a document that appears to be a will, but questions immediately arise regarding whether it was properly signed or legally executed.
Sometimes the document is entirely unsigned. In other situations, the decedent may have signed...
