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.
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LEGAL INFORMATION
Pet Trusts
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…
Estate Tax Sunset Provision Leads To Gallows Humor
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
Texas Lawyer Runs Afoul Of The Law After Cheating Estate
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…
Joint Accounts May Not Always Be The Way To Go
Many folks keep their funds in joint accounts with friends or relatives. Though some may do so intentionally, knowing full well that the entire asset will pass to the survivor on the account at their death,others may not be fully aware of the implications of such an arrangement. Hyman Darling Esq. of the Massachusetts…
What Happens To Your Passwords When You Die?
I just came across an excellent and thought-provoking article by fellow blogger Dierdre Wheatley-Liss, Esq. in her Estate Planning You and Yours Blawg. As Ms. Wheatley-Liss reminds us, we are all consistently reminded to keep our passwords a deep dark secret. Great advice most of the time but what happens when someone dies? How do…
Puleeze Don’t Mark Up Your Will !
Making pen or pencil changes to a will is not a good way to avoid paying your lawyer to redo the instrument by doing it yourself. Every now and then, a thrifty testator decides that he or she will perform the alterations independent of counsel. Bad Idea!
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Choosing A Testamentary Trustee
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.Continue Reading Choosing A Testamentary Trustee
Richard Nixon’s Will — Some Notes
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)…
Exhumation? Not in Suffolk County !
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.
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