Articles Posted in Estate Attorney

Handwritten wills are known as holographic wills in New York State. So are they legal? Short answer is yes, but only under certain circumstances. In New York State, they are only valid if they are made by members of the armed services during an armed conflict. The handwritten will must be entirely in the testator’s…

When playwright Edward Albee died last September at the age of 88, he had one final request. He wanted his executors, Arnold Toren, and William Katz, to destroy any unfinished manuscripts. Both men are longtime friends of the playwright. In his 2012 will, he requests that “If at the time of my death I shall…

An article over at marketwatch.com reports says-sex couples are less likely to save for retirement than the rest of the population. They cite a recent Prudential LGBT Financial Experience report which found most LGBT couples are more likely to call themselves spenders than savers. The report found, that compared to the population at large, fewer…

An executor, appointed by the testator in his/her will has a fiduciary duty to the heirs of the estate. What can you do when the executor breaches his/her duty? What are the executor’s obligations? Filing a Probate Petition in Surrogate’s Court. Notifying all heirs and distributes of the filing. Locate all missing heirs if any.…

Marilyn Monroe died 55 years ago, but even today, her estate millions per year through merchandising and similar post-mortem publicity initiatives made on her behalf. But the question is: who has the legal right to profit from all this merchandising revenue? The right of publicity has been described as the right of an individual, especially…

1. Family Matters Family disputes are a major cause for stress in people. The reason for that is because we have a very close and intimate relationship with our family members, and if there is issue within the family, it affects our health adversely and may lead to early mortality. So the best option is…

Under the New York Property Condition Disclosure Act (PCDA) (N.Y. Real Prop. Law § 460-467), a seller of real property must disclose any hidden defects relating to that property to the buyer. Failure to inform the buyer about such latent material defects could result in unlimited post-closing liability upon the seller, even if the seller…

In order for a Will or Codicil to be valid, the testator must sign the Will in the presence of two disinterested witnesses. There are cases wherein New York courts have described the procedure that must be followed for the testator’s signature to be deemed admissible. It is not sufficient that the witnesses know the…

On 9th October 2016, District Attorney of Brooklyn Ken Thompson lost his fight with cancer, leaving behind his mother, wife Lu-Shawn and two children. According to an article in the New York Post on January 11, 2017, Thompson’s mother has claimed that her deceased son’s wife destroyed his first Will- in which he had conveyed…

This one is a bit old, but it came across our digital transom and we thought it was interesting enough to blog about. Ohioan Donald E. Miller Jr wanted to get a new driver’s license and re-activate his Social Security number, but there was one minor issue that prevented him from doing it. He was…