Michael Petro’s article in the Buffalo Law Journal is an interesting piece about a relatively new provision of the law which permits us to end an “irrevocable” trust. It’s easy to decant a fine wine but not always so
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“Oh What A Tangled Web We Weave…When First We Practice To Deceive”
Walter Scott’s epic words quoted above are a good guide for all of us; especially for attorneys. In what would appear to be a perfectly ridiculous way to lose a law license, New York City attorney James A. Robbins has…
They’re Coming Our Of The Woodwork For A Piece Of Prince’s Estate
There is nothing like the death of a wealthy celebrity who dies without a will to bring scads of would-be relatives out of the woodwork, each claiming to be a long-lost brother, sister, cousin, etc. Loren Barr’s Trust and Estate…
Will Drafting Requires Choosing The Right Words –Something You Should Have A Lawyer Do For You
Just about anyone who can navigate the web can find a template for a do it yourself will. After all, why go to a lawyer to draft your will when you can figure out how to do it yourself for…
Appellate Division Allows Admission Of Extrinsic Evidence To Resolve Ambiguous Contract
The decision of the Appellate Division’s Second Department to reverse Suffolk County Surrogate John Czyger in the Matter of Kohn reported at http://2016 NY Slip Op 07194 involves a dispute over the meaning of a pre-nuptial agreement. No tears here…
Executors Should Beware Of Serious Pitfalls
Today’s Wall Street Journal contains a worthwhile but cautionary article about the pitfalls that can face even the most well-meaning executor. As you will see, a lot of the decisions an executor must make need to be made counterintuitively. The…
David Bowie’s Will Filed In Manhattan Surrogate’s Court — His Estate Valued At 100 Million Dollars
The Will of David Robert Jones was filed earlier this month in New York County Surrogate’s Court giving the value of his estate at 100 million dollars. Not familiar with David Robert Jones? As the New York Times reported, He…
Application To Withdraw Waiver Consenting To Probate Denied By Brooklyn Surrogate
Prior to the commencement of a probate proceeding or an administration proceeding, the attorney for the estate will normally send a waiver consenting to the admission of the will to probate or to the appointment of an administrator to all…
Ex- Wife Compelled To Turnover Life Insurance Proceeds After Her Interest In Decedent’s Insurance Policy Was Extinguished
Revisions to New York’s Estate Powers and Trusts Law (EPTL) enacted in 2008 were intended to correct inadvertent failures of a spouse to correct provisions to eliminate ex spouses as beneficiaries. The Matter of Suggs involves just this type of…
Handwritten Note Fails To Revoke Will–Just Another Example Of It’s Never A Good Idea To Write On A Will
Oneida County Surrogate Louis Vigliotti’s decision in the Estate of Patricia Powers is one more example of what happens when you write on a will —-generally nothing. Here it appears that the testator wrote a note on the face…