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 Graffeo v. Paciello, the Appellate Division, Second Department, reviewed whether a brother could force the sale of a Brooklyn property held with his sister as tenants in common. The case involved a long-standing dispute over ownership, control, and whether
Matter of Hoyte, 2021 NY Slip Op 21090 involves the distribution of settlement proceeds following an untimely death, raising questions of jurisdiction and allocation between personal injury and wrongful death claims. The Petitioner, Clathina McMillan-Hoyte, seeks approval for the distribution,
