New York Probate & Estate Litigation Blog

The Appellate Division of the Fourth Department has upheld the decision of  the Erie County Surrogate which dismissed objections to the nomination of an  executor in the Matter of the Estate of Carmen J. Russo reported at 954N.Y.S.2d 395 (A.D. 4 dept 2012). The decedent's daughter filed objections to probate, claiming that the proposed executor had a potential conflict of interest which would prevent serving as a fiduciary.

New York County Surrogate Nora Anderson has denied summary judgment and ordered a trial to determine  whether or not letters testamentary issued in 1979 should be revoked and a will made one week later in 1978 admitted to probate in its place. The case, The Will Of  Elmer H. Bobst is reported in today's New York Law Journal. The will offered by the objectants  was recently discovered by the decedent's great granddaughter and it differs markedly from the one originally admitted to probate. The estate was worth more than ten million dollars 34 years ago.

Your lawblogger frequently gets questions about how to obtain records of an estate. The Surrogate's Court is a court of public record and every document filed is available to anyone. You can get copies of the entire estate of your Aunt Minnie who died in 1912 if that is what you would like. The difficulty is that every one of the state's 62 Surrogate's Courts has its own procedures as to how to do this. The New York County Surrogate's Court has recently circulated a  memo as to how to obtain its records which you can seehere. As this notice mentions, it is necessary to check with the clerk of the court in the county where the records you are seeking are kept, information available from the link contained in the memo.The clerk will inform you of the procedures his or her court has for either coming to court to retrieve the records or of having them sent to you.

Keep in mind that this means that once an estate is filed there are no secrets. If you think you are not getting all the information you should have, get the estate file from the court clerk and bring a copy to your lawyer who can explain your options to you.

An article by Dennis Kennedy in this month's ABA Journal poses some interesting questions about our "digital estate". Keeping in mind that the "e" in email stands for "evidence" and  "eternal", it is a sure bet that our on line presence will outlive us. That will apply to our email accounts, social networks, and all of the public, private and commercial places where we leave a record of our coming and going on line.

It is generally known and accepted that the executor of an estate may be surcharged for improper or excessive expenses incurred in the administration of the estate. That is what happened when the executor of the estate of Ann M Kadah surcharged $35,000 by the Surrogate of Onondaga County, John J. Elliott. Surrogate Elliott, however, went one step further by awarding statutory (9%) interest on the surcharge against the fiduciary. As reported in In Re Carano 946 N.Y.S.2d 755(A.D. 4 Dept. 2012) the Appellate Division of the Fourth Department was ruled to be an unfair penalty and was disallowed.

Everybody seems to have a fascination with celebrities -- even when they have died. Your lawblogger has reported on controversies and conundrums arising after the deaths of Whitney Huston, James Brown Rosa Parks and others. Recently, we have seen a spate of stories concerning the estate of Michael Jackson, the "King of Pop".

Here is an article written by attorney Brian Mekdsy of Massachusetts. Mr. Mekdsy has some valuable observations based upon Michael Jackson's estate and how to avoid many of the pitfalls that have plagued it. It is important to learn from the mistakes of others to avoid making similar mistakes. Remember that while we generally do not have the wealth of the celebrities we follow, we are subject to making the same mistakes that they make ---but keep in mind that these errors tend to be more painful and costly when we make them!

An article in today'sSan Antonio Express News gives  an important reminder to revise your Will (and revocable trusts where applicable) when you are divorced. As in Texas , New York law provides that an immediate legal consequence of a judgment of divorce is that each party automatically disinherits the other. Numerous legal relationships are instantly extinguished. Joint accounts with right of survivorship are converted into joint accounts in common. Ownership of real property which was originally as tenants by the entirety (where there is an automatic right of survivorship between husband and wife) are converted into tenancies in commnon,.Certain provisions in a Will or revocable trust may not longer be desirable.

In spite of all of the claims and controversy swirling around the death of the entertainment icon Whitney Houston, her will shows that she planned ahead and took steps to insure that her daughter Bobbi Kristina would be financially protected and provided for. As fellow blogger Bradley Anderson reports here,  Houston was aware that her eighteen year old daughter was already dealing with many of the same demons which plagued her own life, having had bouts with the effects of drugs and alcohol. Add to that the real possibility that one of the less reliable and trustworthy folks in the circle surrounding Houston could gain control of the singer's estate and dissipate the assets, she chose the route of a testamentary trust. Thus she sidestepped the dangers of an estate fight with ex-husband Bobby Brown. While our reach from the grave to protect our loved ones is indeed finite, a well-constructed trust can help focus and safeguard assets for the benefit of a child already deprived of the guidance of a loving parent.

The Appellate Division has reversed a decision of New York County Surrogate Nora Anderson in the Will of Robin Moles reported at  933 N.Y.S.2d 685 (A.D. 1Dept 2011). She had originally granted the proponent's motion for summary judgment , dismissing the objections of the decedent's nephew who claimed undue influence and a lack of testamentary capacity.The Will disinherited the longstanding beneficiaries of the decedent's longstanding earlier will.

The Matter of Lena A. Greene 932N.Y.S.2D 544 which was decided by Dutchess County Surrogate Pagones and subsequently reversed by the Appellate Division of the Supreme Court would seem to be pretty close to the model case for a successful will contest. The Appellate Division rightly points out that since the Will contained a self-proving affidavit attesting to the conditions under which it was executed, the petitioner's had met their burden of proof to establish a prima facie case that the Will had been duly executed. The  Court goes so far as to opine that even though "the record does not indicate that the will execution was supervised by an attorney, or even that an attorney drafted the will" and that there was therefore no "presumption of regularity" the combination of the fact that the Will contained an attestation clause and a self-proving affidavit was sufficient to establish a prima facie case.

New York has revolutionized its medicaid laws and we all have to go back to school! Lawyers and financial planners have always operated upon the assumption that only testamentary assets are subject to claims by medicaid. That is no longer true. The medicaid law revisions now  go beyond the probate and intestate estate to include “any other property in which the individual has any legal title or interest at the time of death, including jointly held property, retained life estates, and interests in trusts, to the extent of such interests.” . No longer can assets be easily shielded by a trust, or by deeding the house to a family member and reserving a life estate. Joint bank accounts appear to be fair game for recovery efforts by the state.

The interrorem clause --also known as the "no contest" clause --is not favored in many states. It is not enforceable everywhere. But in New York, it is an often- utilized poison pill used to discourage disgruntled relatives from challenging grandpa's Will.

Writing for the Appellate Division's Third Department, Justice E. Michael Kavanagh has ruled that the Albany County Surrogate erroneously approved an attorney's fee of $58,000 in the Estate of Iris H. Benware reported at  927N.Y.S.2d 173. Although the Surrogate has found the fee to be reasonable, the Appellate Division noted that the amount exceeded the amount agreed to by the parties in the retainer agreement. The Court further observed that there were "no extenuating circumstances in providing legal services to the estate"

For years, you have contributed to your IRA and your 401k with the intention of reaping the benefits of these tax-deferred savings. In doing so, it is easy to lose sight of your designated beneficiaries who will inherit these funds should you not live long enough to spend them. Here is an article in the Metro West Daily News that provides important information so that you can keep these important keystones of both your retirement and your estate in order.

The F.T.C.  has laid down some new restrictions on the bill collectors who often hound the families of deceased relatives soon after their deaths, according to this article on  CreditCards.com (an unlikely source for this lawblogger, but interesting nonetheless). It is important to keep in mind that there are not many reasons why one is required to pay the debts of a loved one. An estate's Administrator or Executor, together with the help of his or her attorney should pay bills from testamentary assets. Non-testamentary assets such as IRAs, 401ks, joint accounts and insurance policies generally pass free of obligations. This may not stop dad's creditors from descending upon you soon after the funeral. Now there are new regulations in place to restrict this sort of intrusion. An good source of information if you are looking for ways to deal with this problem is the Fair Debt Collection Practices Act. It is amazing how few bill collectors seem to have read this powerful law. When they come calling, you probably should have a look at it.

The complexities of New York City real estate rules and regulations found their way into a recent decision by the Appellate Division ,First Department  in In re Joy Trezza reported at 923 N.Y.S.2d 108. Here, the court upheld the decision of Surrogate Troy Weber which denied the turnover petition of  Francine Horowitz, a landlord attempting to gain possession of a coop apartment occupied by  the alleged common law spouse of the decedent.

Today's New York Law Journal  reports that Nassau County Surrogate Edward J McCarty has found an interesting solution to an interesting problem in the Will of Jean Santoro, 2011-363-36488(May3.Apparently, there were no affidavits given by the witnesses to Ms. Santoro's will when she executed it 19 years ago. To make things worse, one witness had disappeared and the other had died. While the old common  law rule  permits the admission of a will to probate where it is an "ancient " document of more than 30 years, this will hardly qualifies as ancient. It even falls a year short under the federal rule which provides for 20 years.

The late and great comedian George Carlin had a hilarious routine about "stuff". He would expound upon the way in which we continue to accumulate possessions as we go through life and the problems of storing (sometimes you have to buy a bigger house) or traveling with an ever-expanding collection of "stuff". On that dark, dark day when one can no longer fog a mirror with one's breath, it becomes necessary to make a final disposition of all of that "stuff". In a nutshell, that is what the probate process is basically about.

In its decision in In Re Estate Of Walker914N.Y.S.2d 379, the Appellate Division's Third Department has reminded us just how hard it can be to successfully challenge a will. The court reversed a decision of the Delaware County Surrogate denying a petitioner's motion for summary judgment dismissing objections to the decedent's will.

The New York Law Journal has reported a decision in which the Appellate Division's First Department has upheld a decision of New York County Surrogate Kristen Booth Glen recognizing the right of a same sex spouse to inherit. The case is In Re Estate Of Kenneth Ranftie decided on February 24th.

Today's Miami Herald reports on the steady increase in pet trusts. Forty three states, including New York, have laws enabling the creation of a pet trust to provide for the welfare of a beloved cat or dog (no reason why one can't also provide for a parakeet or fish) after its owner has passed away (Yes, yes, I recognize that there is a real question as to whether the human owns the pet or it's the other way around. This is especially true with cats!). 

Today's New York Law Journal brings news of yesterday's Court of Appeals decision in Alice Kramer v. Phoenix Life Insurance Co (decision No. 176) . The court has decided that New York law does not prohibit an insured from procuring a policy on his own life and immediately transferring the policy to a person without an insurable interest in the insured's life, if the insured did not ever intend to provide insurance protection for a person with an insurable interest in the insureds life. This was a question certified to the Court by the U.S. Second Circuit Court of Appeals.

A recent Post in the North Carolina Estate Planning Blog provides some good tips about when it is a good idea to revise your will. I would add another suggestion that it is probably also a good idea to do this whenever you move to a new state. Although a will is "ambulatory" (the will you properly executed in Oshkosh will be just as valid in Timbuktu), different states have different rules and procedures on the qualifications of fiduciaries and the need to produce witnesses . Revising your will in a new state and using local witnesses will greatly reduce any problems which could arise if a witness is needed to give testimony to have the will admitted to probate.

Newly passed legislation in New York amends EPTL Sec 2-1.13 to correct a problem occurring where wills and trusts executed  prior to December 31, 2009 involve the estates of persons dying this year. As we reported earlier here, formula clauses bequeathing "an amount equal to the amount that can pass free of federal estate tax" create a problem with the sunsetting of the estate tax this past January 1st. Taken as written, they would include not a portion of the estate but the entire estate since there is no estate tax this year and the entire amount of the estate would pass free of tax (the same would apply where this formula was used in conjunction with  a generation skipping transfer tax situation). The upshot of this would be to disinherit a charity or the surviving spouse since it would normally be expected that they would directly receive any amount over the old credit shelter limit (for example, $3.5 million in 2009).

Several times a year, I am consulted by anguished siblings whose parent has passed away intestate leaving only their residence and no other material assets. Very often this situation is complicated by a brother or sister who has stayed in the house with mom or dad and now refuses to leave what has always been their home.

A decision of major importance concerning estate planning has come down from the New York State Court of Appeals. InThe Estate of Saul Schneider v. Victor M. Finmann N.Y.3d 2010 N.Y, Slip Op 05281     decided this past June 17th , the court held that the legal representative of a decedent stands in  that person's shoes for the purpose of being able to maintain a malpractice action against the decedent's estate planner where improper advice or negligent estate planning has resulted in a loss. The court was clear in differentiating a claim by the estate's executor or administrator from a claim brought by a beneficiary of the estate. 

The Appellate Division, Second Department has recently ruled in favor of the dismissal of objections to an accounting in In Re Heino 901 N.Y.S.2d 671  which was originally decided by Surrogate Torres in  Kings County. The Court noted that "the party submitting an account has the ultimate burden of demonstrating that he or she has fully accounted for all of the assets of the estate while the party submitting objections bears the burden of coming forward with evidence to establish that the account is inaccurate or incomplete , upon satisfaction of that showing the accounting party must prove by a fair preponderance of the evidence that his or her account is accurate and complete"  Here, however, the petitioner was able to demonstrate that the transactions subject of the objections had actually taken place in the decedent's lifetime, nearly three years before he died. The executor's duty to preserve and account for the assets did not arise until the death of the decedent

When leaving large sums of money and property to children, keep in mind that they are not legally able to control and use these assets until they are eighteen. Also consider that the amount of money left to them may well be directly proportional to the price of the sportscar they purchase on their eighteenth birthday.

One of the most frequent inquiries I get as an attorney involved in the area of contested estates involves issues of alleged undue influence. I say "alleged" because the public perception of  undue influence is often far removed from its true legal definition. Since many savvy trial lawyers often prepare their cases from the start with an eye to the charge which the judge will give a jury, it is useful to look at undue influence from that angle. One of the best ways to do that is by going directly to section 7:55 of the "Pattern Jury Instructions" (from which I am liberally quoting in this article) that courts rely upon to explain legal issues to the juries who must decide them.

Who'da thunk that we would be almost to April and a bill to re-institute the federal estate tax isn't even on the radar screens down in Washington?  The estates of those dying since January 1 owe no federal estate taxes and there is nothing on the horizon which indicates that this may change soon. In a nation that seems to prefer rich desserts to vegetables, rejoicing over this tax holiday may be a bit premature  --and our current estate tax situation certainly carries with it some unintended risks which should be of some concern.

Nassau County Surrogate John Riordan has found that an objectant in the Matter of the Estate of Willie Stewart,340211 successfully established that she and her son were distributees of the decedent, notwithstanding the fact that his death certificate provided otherwise. While there is a strong presumption as to the information contained in a death certificate, the court was clear to point out that while the document is proof of the cause of death stated therein, collateral facts which it contains may be subject to rebuttal.

Your faithful lawblogger has recently prepared and given a podcast on  the new statutory Power of Attorney in effect here since September 1. It led me to further thoughts over just what some of the implications of this new power may pose for lawyers and clients alike. Three months after the effective date, it is clear that most of the profession has barely yawned but make no mistake about it, even though it is still evidently under the radar, a quiet revolution in an important segment of the practice of law has taken place.

The New York State Court of Appeals has just handed down a decision in The Matter of Hausman 2009 NY Slip Op 08854 which has upheld an Appellate Division decision setting aside a deed executed by the decedent in favor of an LLC formed by two of her children two weeks  before they actually filed the articles of organization with the secretary of state. The court ruled that because the  filing had not been made before the deed was executed, the corporation lacked the legal ability to take title to the property . The problem here that although the deed might have been ruled valid under the de facto corporations rule (which is what the Surrogate's Court did initially), there needed to have been some colorable attempt to comply with the statutes governing the organization of corporations before the deed was executed. Because the children of the decedent failed to submit any proof that they had at least tried to file the articles of organization before the execution of the deed, it was determined that the conveyance had failed and the deed was set aside with the property ending up in the residuary of the estate. Since the residuary was to be shared equally between her children , per stirpes, the property was shared with the minor grandchildren of the decedent who had survived two predeceased sons.  

New York State's new form for a power of attorney which takes effect on September 1, 2009 marks a major change in the law. It may be found in Section 644 of New York's General Obligations Law. As I reported earlier, the effective date of the law was postponed from this past February to give the bar a chance to become familiar with the new form and its pitfalls. The changes are so complex that a second law to amend the first and to correct some of its inconsistencies and shortcomings was needed. Unfortunately, those  unruly children who comprise the august body some folks call the New York State Senate were so busy this summer having what can only be seen as a legislative food fight that virtually no meaningful work was done for weeks and this most important piece of legislation has not yet been signed into law. This can only add to the possibility that the new law will become an attorney's relief act.

With the advent of modern science comes legal issues we never dreamed of in law school (at least if we went to law school in the seventies or earlier!). Witness the decision of the First Department of New York's Appellate Division in Speranza v. Repro Lab Inc reported at 875 N.Y.S.2d 449. In affirming a decision of New York County Supreme Court Justice Jane Solomon,  it was declared that the administrators of the estate of the plaintiffs' late son had no right to the semen specimens deposited in the defendant tissue bank  and the administrators would also not be entitled to an injunction against the destruction of the specimens.

Island Federal Credit Union v. Gerald Smith 875 N.Y.S.2d198 is a somewhat offbeat case which resulted in an interesting decision by the Second Department of the Appellate Division reversing a Suffolk County Supreme Court Decision. The bank was seeking to recover the proceeds of a bank account opened in the name of a probate estate  against the son of the deceased executor. The son was sued both individually and in his capacity as his father's executor. The bank claimed that the proceeds were paid by mistake to the son .

Sweeping changes in New York's law concerning powers of attorney are due to take effect on September 1, 2009. The legislature has revised Chapter 644 of the laws of 2008 to amend the state's General Obligations law . The changes are complex and affect, among other things, not only the instrument's  form but also the level of fiduciary responsibility imposed, the need for the agent to keep detailed records and to make them available and provisions for using the power to make major gifts. In fact, the  effective date  for the new power was extended from January to give the bar a chance to become familiar with the new law. It looks as if we are all going back to school!

The question of attorney's fees has been revisited in the Matter of Eleanor E. Goliger 871 N.Y.S.2d 689. The Appellate Division's Second Department upheld a decision of Nassau County Surrogate John Riordan which fixed the reasonable value of  an attorney's services to the estate's executor at $25,000. The problem was that the attorney had billed and received $169,277.59. Her appeal of the court's order that she return $144,277.59 was unsuccessful and the lower court's decision was affirmed.

While the Surrogate's Court has a wide jurisdictional reach to adjudicate issues which involve all facets of a decedent's estate, the Matter of Pearl B Kalikow 2009 Slip Op 00539  represents somewhat of an exception to this rule. The Appellate Division's Second Department upheld Nassau County Surrogate John Riordan's decision to recognize an arbitration agreement made by the decedent in her lifetime.

The Matter of James E. Davis 869 N.Y.S.2d 99  involves the challenge to a petition for a compulsory accounting before the Kings County Surrogate by the estate's administratrix. The administratrix took the position that the petitioner lacked standing to challenge the proceeding. In granting the petitioner's motion, Surrogate Lopez-Torres directed the medical examiner to provide sufficient biological material to conduct genetic marker testing.

The Third Department of New York's Appellate Division has upheld a decision of the Albany County Surrogate which granted summary judgment and dismissed objections to the probate of a will in the Matter of Turner      recently decided on November 6, 2008. Interestingly enough, the objections failed to challenge the testamentary capacity of the testatrix while claiming that she suffered from "insane delusions" and was the subject of undue influence.

Your faithful lawblogger was pleased to end up on the long side of an interesting decision from Nassau County Surrogate John Riordan in the Matter of Estate of Rose Rappaport , 866 N.Y.S.2d 483 which was published in the New York Law Journal on October 23. The decedent had executed a will which provided that the bulk of her estate would be paid into a testamentary trust for the benefit of her daughter Susan who is partially blind ,suffers from a host of physical and emotional disabilities and is unable to care for herself. While the will named Susan's three siblings as executors, it totally failed to nominate any trustees. When I first was given the instrument to offer for probate, my first impression of the inartfully drawn will was to compare the trust to a staircase leading to a landing -- and stopping there! Obviously, it was necessary to petition the court for a will construction to reform the will.

A recent decision by the Second Department of New York's Appellate Division in The Matter of Dubin reported as Slip Opinion 07126 on September 23rd overturned a decision of Nassau County Surrogate which found that a joint account with right of survivorship had passed outside of the decedent's estate and was not a testamentary asset.

For those of you who may be wondering if I fell off the end of the earth, your faithful law blogger has returned after a long vacation --and all of the work that needs to be done before and after a break (yes, it was worth it, but sometimes a bit hard to tell). Our state legislature, in a fairly uncharacteristic display of get-up-and-go, has given us an important new piece of legislation to digest this summer.

I recently came across an article by Arden Dale of Dow Jones Newswire, published on cantonrep.com which is not only hilarious, but also underlines the impending chaos facing estate planners. As many of you may know, the estate tax exemption is rising steadily (it is now two million dollars for an individual and four million for a married couple) until the year 2010 when the tax will be completely eliminated --only to revert to a tax of 55% of anything above the old one million dollar limit in 2011! 

Choosing a testamentary trustee can be a difficult task. Your trustee has the job of administering the assets of your trust for the benefit of loved ones long after you are gone. In effect, the trustee is the hand that reaches beyond the grave on your behalf. Your choice of trustee should merit your most serious consideration.

Fellow lawblogger Joel A. Schoenmeyer 's "Death and Taxesblog.com" has discovered -and published—a copy of the will of the late Richard Nixon. Not only does the document have some significance for those of us with historical bent (before your lawblogger went to law school, I managed to earn a Master's Degree in American History) but also, Joel has provided us with an interesting analysis of some of its technical aspects as it is apparently very artfully drawn. Click on the hotlink and read on.

A Suffolk County, New York State Supreme Court Justice has denied the petition of a widow to have her late husband's body exhumed so that it might be cremated in accordance with what she claimed to have been his last wishes.

It is possible to admit a lost will to probate if certain important conditions are met. Section 1407 of New York's Surrogate's Court Procedure Act provides that a lost or destroyed will is admissible if (1) it is established the will has not been revoked, (2) The will has been executed in the procedure provided for by law and (3) All of the provisions of the will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of a will proved to be true and complete.

Leanna Hamill's Massachusetts Estate Planning and Elder Law blog contains a useful set of instructions as to how and why you should take special pains to store your will and other important legal documents. She goes beyond the "put em where they won't burn" basics. Her excellent article merits your consideration.

For some time, I have enjoyed reading Death and Taxes -The Blog which is published by Chicago area attorney Joel A. Schoenmeyer. While the blog's focus is understandably on Illinois law (just as my blog tries to focus upon New York law), a variety of topics are well-presented which are of common interest to all of us interested in the field of probate and estate law and litigation.

In terrorem ("no contest") clauses are frequently used by testators and attorney draftspersons to dissuade legatees from contesting wills by providing that a legatee who contests the will forfeits his or her bequest. Section 3-3.5 of the Estates Powers and Trusts Law permits in terrorem clauses but with certain specific limitations

Our public policy favors enabling people to be able to direct the disposition of their assets at death if at all possible. We spend a lifetime gathering wealth and possessions and it is important to us that we control the manner in which our estates are distributed when we die. In order to facillitate the making of a will, the law sets a very low bar as far as testamentary capacity is concerned. The law presumes that a person is competent and it is generally necessary to rebut this presumption with expert medical proof.

My fellow blogger Juan Antunez has called our attention to an excellent article reprinted in his Florida Probate Litigation Blog. "New York vs Florida" by Amy B. Beller provides an incisive comparison of New York and Florida Probate law. This article is of particular relevance because of the large number of New Yorkers who maintain residences in Florida. The two states have significant differences in certain aspects of estate practice and Ms. Beller's article is a great starting place to determine which jurisdiction may provide a more advantageous forum for a particular estate.

With the new year upon us, I thought I would pass along a few suggestions which will make it less likely to avoid ending up in a case like the ones I like to report on in this blog. Law, like medicine, is best practiced preventively so here are a few pointers.

When someone dies without a will, we say that they have died intestate. Since there is not set of written instructions as to how to dispose of the decedent's property, we do so pursuant to the rules of intestacy as set forth in the law. Also, since there is no individual or entity named to administer the deceased's estate, the law provides that a close relative or a person or an entity with and interest in the estate may apply to become the decedent's administrator. The Administrator is the fiduciary appointed by the surrogate's court who stands in the shoes of the decedent, marshalls the estate's assets, pays its debts and distributes the balance pursuant to the law.

The Dead Man's Statute provides that the verbal statements of a person who is dead or mentally incapacitated cannot be testified to at trial by an interested party.

Not all of your assets will pass through your estate and be directed by the instructions you leave in your will.Assets which can be directed by your will are called testamentary assets while self-directed assets which are not directed by your will are called non-testamentary assets. This is really a very simple concept but it is important to understand it in order to properly plan your estate.

There are certain things you can't do in life. You can't roller skate in a buffalo herd. You can't spit into the wind . We all know you can't take it with you . Unless you have a signed agreement in recordable form, you can't disinherit your spouse.

Before going to court, it is necessary to have standing to be involved in the case as one of the first prerequisites of success. Every classification of legal proceeding has its own requirements as to standing.

It is not uncommon for a parent to disinherit a child. This is usually done pro forma when leaving an entire estate to a surviving spouse. Parents with younger children generally disinherit them in order to insure that their spouses are left with sufficient assets to raise the kids to adulthood. Adult children are often disinherited in favor of a surviving parent to insure that their parents will have sufficient resources to see them through retirement.

Probate is the procedure which determines whether or not a will was properly drawn and executed and is the genuine instrument setting forth the wishes and directions of its maker for the disposition of his or her property. In spite of a flood of books and articles constantly demonizing probate and offering us a myriad of ways to avoid it, probate helps to insure that your plans for the disposition of your estate will, in fact, be honored after your death.

A fiduciary holds assets on behalf of another. Examples of fiduciaries include trustees as well as executors and administrators of estates.Also, a person holding a power of attorney may be a fiduciary. Fiduciaries are held to an extremely high standard of conduct and may be subject to severe penalties should they not adhere to it.

Real estate, bank accounts, stocks, bonds and collectibles are examples of the wide array of property which we accumulate as we go through life. A will is little more than a formalized set of written instructions as to what is to be done with our possessions after we die. The law wants to see property distributed in the way its owner wished and will accommodate those wishes whenever possible.

Trusts are among the most versitile tools your lawyer has to assist you in protecting your assets and in making provisions for your loved ones. There are many different kinds of trusts which may be employed to suit a variety of family and financial circumstances.

The human body is an imperfect machine subject to breakdown as it gets older. We know that we have to eat properly and stay in shape with plenty of exercise in order to minimize the effects of injuries or illnesses even if we can't prevent them outright.