Undue influence has always been one of the most difficult claims to prove in an estate contest. New York County Surrogate Nora Anderson has determined in The Matter of Wechsler ,2015 Slip Op 3100 U, that sufficient issues of
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Surrogate Court Delays Getting Worse-Maybe It’s Time To Consider Trusts
Nassau County Surrogate Edward McCarty III likes to begin his weekly Wednesday calendar call with a folksy chat to the usually packed courtroom. This week, the judge lamented the recent decision of the state to make new staff cuts of…
Digital Life After Death, A Question For The Future
Your lawblogger recently attended a seminar given by Evan Carroll, the author of “Your Digital Afterlife”, a book speaking to the growing issues that have arisen as our activities on line have continued to branch out and multiply. You may…
Cubs Star Ernie Banks Will Leaving Estate To Caregiver Ruled Valid
The Star Tribune has reported today that Ernie Banks, all star shortstop of the Chicago Cubs who died January 23rd at the age of 83 has left his estate to his caregiver Regina Rice. Banks made his will last October…
Court of Appeals to Hear Missing Will Case
The Estate of Robyn Lewis reported in the Watertown Daily Times presents a state of facts perfect for a bar examination question. When Robyn Lewis and her husband James Simmons divorced in Texas in 1966, Robyn retained ownership of…
Surrogate Denies Attempt To Renounce Infant’s Legacy In Order To Avoid Estate Tax
The Brooklyn Eagle has reported that Kings County Surrogate Diana Johnson has denied a petition to renounce a bequest to a grandchild of a decedent in the six million dollar estate of Sharon Lindsay. The total bequest to the decedent’s…
Make Sure Your Vital Information Doesn’t Die When You Do
Twenty years ago, we always told our clients to make an inventory of their important information, give a copy to a child or trusted family member and leave a copy in a secure place for safekeeping. It’s amazing how much…
Not Everybody Needs A Trust
Every Spring, when the snowbirds have returned to New York, your lawblogger gets a rash of inquiries about trusts. Some folks are absolutely insistent but don’t really have a good explanation for this. I usually ask at this point which…
Power Of Attorney Not Always Easy To Use
An article in today’s New York Times sheds some interesting light on powers of attorney and their sometimes unforeseen drawbacks. Your lawblogger thinks it is well worth a look.
Anna Nicole Smith Estate (Finally) Out Of Court
The ABA Journal reports on the final failure of the Estate of Anna Nicole Smith to recover hundreds of millions of dollars from the estate of her late husband J. Howard Marshall. Marshall, a Texas oil billionaire died at 89, a…