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

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 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.Continue Reading Divorce Requires You To Revise Your Will

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

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.Continue Reading Circumstantial Evidence Leads To Finding Of Triable Issues Of Fact In Undue Influence Claim

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.Continue Reading Petitioners Establish Prima Facie Case To Admit Will To Probate– But Triable Issues Of Fact Based Upon Medical Evidence Lead Appellate Division To Remand For Trial

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.Continue Reading New Medicaid Regulations Create Confusion And Require Revision Of Financial Plans In New York

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"Continue Reading Appellate Court Rules That Legal Fee Is Excessive

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.Continue Reading Time To Review Your IRA And 401k Designations