Articles Posted in Wills & Trusts

Even though most people think about wills when they think about estate planning, there are many other tools available which are just as if not more effective to use. One of the most common devices used is called a trust. Essentially, a trust is a device that allows individuals to control the distribution of their…

A law enacted in 2015 by the New York State Legislature overturns an Appeals Court decision upholding the denial of benefits to the widow of a State Police Officer. The law was signed by Governor Cuomo. It was specifically designed for one specific case. On December 7, 2009, seven minutes after State Trooper investigator Richard…

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…

After many years as a probate lawyer, here are some of the most frequently asked questions: 1. Can a copy of a WILL be probated? Generally, only the original WILL may be probated. However, if it can be proven that the original WILL was never revoked and was destroyed AFTER the death of the decedent,…

Not all family members may become an administrator of a decedent’s estate. The general rule is that a surviving spouse has first priority, followed by surviving adult children. A common law spouse does not have an automatic right to become an administrator. However, he/she can be appointed as the administrator after the consent of the…

The executor’s (or administrator’s) primary duty is to liquidate the estate’s assets and distribute money to all beneficiaries named in the will or to distributees if there was no will. There are ways to legally compel an executor to act: After a reasonable time (6-9 months) you can demand that the executor provide an accounting…

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…

Last September without much fanfare, Governor Cuomo signed a law allowing owners to be interred with their favorite pet. The legislation making it legal for the cremated remains of pets to be interred with their owners at any of the approximately 1,900 not-for-profit cemeteries in the state as long as the cemetery agrees to it.…

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…

In this blog, we discuss the difficulties that may arise for children in inheritance matters when their mother has been estranged from her husband and does not get a divorce. We take the example of a couple, that was living separately without getting a divorce. They had been living separately and apart for the last…