Back at the end of 2010 when the Estate Tax had disappeared for a brief moment in time, Congress and the President agreed on a new and improved version of the law that raised the Federal Estate tax exemption to $5,000,000 for each individual. However, in the combined wisdom of…
New York Guardianship Laws are contained in Article 81 of the Mental Hygiene Law (MHL). These statutory provisions are utilized in many situations where a person in need is Alleged to be Incapacitated. Quite often the Alleged Incapacitated Person (“AIP”) is elderly and is suffering from the effects of a…
The execution or signing of a New York Last Will is subject to very strict statutory requirements. While the Will signing ceremony may seem somewhat formal and old-fashioned the requirements of the statutes must be adhered to for the Will to be admitted to probate or validated. As previously reviewed…
The New York Probate Lawyer Blog has discussed in numerous posts that determining the identity of a decedent’s distributees (i.e., next of kin) is very important. It was recently reported in an article by Jacqui Goddard in The Telegraph on December 27, 2012, entitled “Louis Armstrong’s secret daughter revealed, 42…
The various rights afforded to persons by the New York estate laws generally require that a person be related by blood to a decedent. New York Estates, Powers and Trusts Law (EPTL) Section 4-1.1 provides the relationship of individuals who can inherit an estate of a decedent who died without…
The New York Probate Lawyer Blog has discussed many of the proceedings that can arise in the Surrogate’s Court such as the Manhattan Surrogate’s Court and Nassau Surrogate’s Court. Each of the counties in New York State has its own Surrogate’s Court. The various proceedings include Probate Proceedings, Intestate Administration…
The relationship of marriage is among the most basic considerations in Estate planning and Estate administration. The most common form of an estate plan is typically one where one spouse creates a Last Will that leaves an entire estate to the other spouse. The New York Estates, Powers and Trusts…
New York Estate Planning Lawyers are often asked by their clients about making gifts to family members or friends or charities. When considering a gift there are a number of items that should be part of a list of basic considerations. 1. It is important to identify the person to…
The New York Probate Lawyer Blog has posted many items concerning Estate Litigation. Litigation in New York Estates in common in the context of a Will Contest where a distributee (next of kin) such as a child is either completely excluded from the Will or left a bequest that is…
New York Guardianship proceedings can be found to be an appropriate remedy in varied situations. Typically, the Article 81 Guardianship is associated with an elderly person suffering from an illness such as dementia or Alzheimer’s disease or a person who has suffered a severe physical event such as a stroke…