In New York probate proceedings, not every family member has the right to object to a will. A person must have standing, meaning that the person must show that probate of the will would negatively affect his or her financial
When someone acts under a power of attorney, that person is a fiduciary. That means the agent must act for the principal’s benefit, keep accurate records, avoid self-dealing, and explain financial transactions when later called upon to account. In Matter
When someone dies without a will, determining who has the legal right to inherit is often one of the first issues that must be resolved. In some cases, family members may disagree about who qualifies as an heir, particularly when
When family members are fighting over a will, disputes often arise over who should manage the estate while the probate proceeding is pending. Even when a person is nominated in a will to serve as executor, a Surrogate’s Court may
A power of attorney is a legal document that allows one person, known as the principal, to authorize another person, known as the attorney-in-fact or agent, to handle financial and other affairs on the principal’s behalf. While a power of
Long-term nursing home care can quickly consume a person’s life savings. As a result, families often explore Medicaid planning strategies designed to preserve assets while still allowing an individual to qualify for Medicaid benefits. When an incapacitated person is under
In New York custody cases, courts often appoint an Attorney for the Child (AFC) to represent the child’s interests and advocate for the child’s wishes. While an AFC’s role in Family Court proceedings is well established, New York courts had
Parents generally have a constitutional right to the care and custody of their children. At the same time, child welfare agencies have a responsibility to protect children from abuse and neglect. When government officials remove a child from a parent’s
