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.
Continue Reading Death and Taxes Law Blogger Reviews Dickens’ Bleak House

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
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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.
Continue Reading Testamentary Capacity

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…

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.
Continue Reading Some New Year’s Suggestions

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.
Continue Reading What is an Administration Proceeding

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.
Continue Reading The Dead Man’s Statute