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

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