We always warn our clients about the need to take appropriate steps to shelter assets from medicaid claims when one spouse spends considerable time in skilled nursing care. The Third Department of New York’s Appellate Division has affirmed a lower court decision in In Re Estate of Tomeck  846 N.Y.S. 2d 693 which determined that the Surrogate’s Court lacked personal jurisdiction over an irrevocable trust created by the decedent during her lifetime.
Continue Reading Irrevocable Trust Held To Insulate Estate From Medicaid Claims

Fellow lawblogger Joel Schoenmeyer’s Death and Taxes Blog calls attention to yesterday’s excellent Wall Street Journal article on Powers of Attorney. The latest news coming out about the arrest and indictment of the late Brooke Astor’s son Anthony Marshall   together with her former attorney Francis X. Morrissey Jr. highlights the need for vigilance in…

An article in the Michigan Telecommunications and Technology Law Review raises the possibility that someday we will be dealing with electronic wills which,  Keven DuComb reports are currently legal (although subject to severe requirements) in the state of Nevada. With this genie apparently emerging from the bottle, one can only begin to imagine the…

New York County (Manhattan) Surrogate Renee Roth has issued a ruling in the Matter of the Estate of Dossie 842 N.Y.S. 259 that the cost of surety bonds required for an Administrator could be charged against the shares of those distributees who refused to consent to dispensing with such bonds.
Continue Reading Cost Of Surety Bonds Charged Against Non-Consenting Distributees

A recent decision of Kings County Surrogate Margarita Lopez Torres in In Re Will Of Singer 841 N.Y.S.2d 212 has cost  a son his legacy under his father’s will. In addition to conducting an examination of the witnesses to the will pursuant to Section 1404 of the Surrogate’s Court Procedure Act,  Alexander Singer also examined the attorney drafter of a prior will made by his father. This additional deposition was held to be in violation of the will’s in terrorem clause.
Continue Reading Deposition Of Attorney-Drafter Of Prior Will Held Violation Of In Terrorem Clause

About a year ago, I reported here about pet trusts.  I thought you might be interested in a more detailed article about these relatively new trusts which enable you to ensure that your pet will be well cared-for should you die or become disabled. Estate Planning for Pet Owners is the topic of this…

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! Continue Reading Estate Tax Sunset Provision Leads To Gallows Humor

Law Professor Gerry Beyer’s Wills Trusts and Estates Prof Law blog reports the sad and cautionary tale of a (now former) member of the Texas Bar who evidently thought he could get away with just about anything. Not only did this disgrace to my profession thumb his nose at the regulations requiring the filing of…