New York Guardianship law, as set forth in Article 81 of the Mental Hygiene Law, contains many provisions delineating such matters as procedural requirements and Guardianship powers. Among these many items is an important section concerning Compensation of Guardian. Section 81.28 of the Mental Hygiene Law provides, in part, that…
New York Probate Lawyer Blog
New York City Estate Planners can assist Clients in Making Distributions via Gift Tax to Avoid Looming Estate Tax Rates
Those focused on what the government might do with the estate tax next year are forgetting about the likelihood of an increase in the gift tax. Estate planning attorneys in New York City and elsewhere are helping clients disperse portions of their estate this year to take advantage of the…
New York Law Concerns Disposition of a Decedent’s Remains
There are many considerations and activities relating to the settlement of a decedent’s estate. These items include the location and safekeeping of a decedent’s Last Will, the filing with the Surrogate’s Court of a Probate or Administration proceeding, the determination of next of kin, locating and collecting a decedent’s assets…
Whether Guardianships or Trusts, Special Needs Children Require Comprehensive Estate Planning in New York
The Times Herald recently published an article on caring for a child with special needs after your death. Parents or guardians of special-needs children, or adult children living at home, need to plan for the eventuality of the child’s care after their passing. A New York City probate lawyer or…
Estate Tax Just One Reason to Consult a New York City Probate Lawyer for Estate Planning
The resurgence of the estate tax is expected to hit a lot of middle class families and others who fail to seek adequate estate planning in New York and elsewhere, according to MarketWatch. Historically, it has been thought that the tax affects a small number of tax payers — less…
A New York Fiduciary Accounting Provides Disclosure Of Financial Activities
A New York Fiduciary is generally required to provide a full accounting of his or her financial transactions. Fiduciaries include estate Executors and Administrators, Trustees and Guardians of incapacitated persons. The information set forth in the accounting can be simple or complex depending upon the nature of the estate or…
A New York Spouse May Inherit Despite Being Separated For Decades
The application of New York inheritance and estate laws and procedure are often seen within the variety of circumstances that effect individual lives. A recent article posted at MSNBC.com on September 22, 2010 talked about the World’s Oldest Man who just celebrated his 114th birthday. The article stated that Walter…
Fight over Benihana Steakhouse Chain Highlights need for Comprehensive Estate Planning
A probate court ruling has granted control of a family trust to the third wife of late Benihana founder Rocky Aoki, which could ultimately determine the fate of the Japanese steakhouse company, the New York Post reported. New York City probate attorneys and estate planning lawyers are frequently called to…
The Use Of A New York Health Care Proxy Can Face Complex Issues
A New York Health Care Proxy can be a valuable part of an estate plan. It provides the means by which someone can appoint an agent to make health care decisions on their behalf in the event they are not able to make these decisions for themselves. New York Public…
New York Nonprofit Settles Estate Lawsuit Involving Former Detroit Piston’s Owner
A New York nonprofit group is among those that have successfully taken legal action against the estate of Williamson Davidson, the former owner of the Detroit Pistons. Davidson died last year, leaving an estate valued at $5.5 billion. A total of three lawsuits have been filed in Oakland County Circuit…