Articles Posted in Wills And Trusts

Issues Relating To Signing of A Will
The Law Office of Jeffrey L. Weinstein

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…

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If You’re Living Separately, Get A Divorce
The Law Office of Jeffrey L. Weinstein

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…

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What Happens When You Challenge a Claim Against an Estate?
The Law Office of Jeffrey L. Weinstein

Each year, it is increasingly common to see claims filed against an estate. This is because many people write their wills and trusts without a knowledgeable estate planning attorney present to help. It may also be due to increasing financial struggles and changing family dynamics. If someone is making a claim against an estate that…

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Thompson case
The Law Office of Jeffrey L. Weinstein

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…

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You can inherit airline miles!
The Law Office of Jeffrey L. Weinstein

When preparing a Last Will, anyone with a frequent flyer air miles account should include those miles as an asset that can be transferred upon death. As air fares continue to rise, your air miles account is a valuable asset not to be overlooked. Some airlines rules state that their miles are not transferable upon…

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Co-op apartments. Real or Personal Property?
The Law Office of Jeffrey L. Weinstein

You may think the answer is obvious. But the correct answer is “It depends.” It depends on the year purchased. If the co-op apartment was purchased by a married couple before 1986, the law MAY treat the property as personal. Subsequent to 1996 the law was revised to treat co-ops as real property with respect…

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Who can be appointed administrator of an estate?
The Law Office of Jeffrey L. Weinstein

Let’s begin with some definitions. When someone dies with a will, the process is called Probate. The individual entrusted with administering the estate is the Executor named in the Will. If one dies without a will the process is called Administration. The person entrusted with administering the estate is called the Administrator. Since no written…

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Why Consider Using a Living Trust?
The Law Office of Jeffrey L. Weinstein

In the process of making plans to protect one’s family and loved ones upon one’s death, many people have chosen a living trust. Also known as an inter vivos (Latin for “within one’s life”), this type of trust is very flexible.This type of trust is distinguished form a testamentary trust, which is created by a…

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