A recent and worthwhile posting by fellow lawblogger Leanna Hamill on her Massachusetts Estate Planning and Elder Law  Blog speaks to the estate complications that may arise in a divorce. Those of us who practice matrimonial law are all too familiar with the hazards and pitfalls that divorce poses. Continue Reading Divorce And Its Impact On Your Estate

When a Will is offered for probate that either treats certain family members disparately or completely disinherits one or more siblings in favor of another, the claim of undue influence is quick to be injected into the family feud which invariably results (assuming it has not been percolating for some time prior to the decedent’s death). However, as shown by a recent Appellate Division decision in the Estate of Dorothy Greenwald 849 N.Y.S.2d346(A.D.3rd Dept 2008) , it is much easier to claim undue influence than to prove it.

Continue Reading Appellate Division Fails To Find Undue Influence

Newsday reported on February 25th that the strange case of socialite Brooke Astor who passed away last year at the age of 105 has gotten even stranger. It seems that Romanian Prince Paul has tried on at least two occasions to get Ms. Astor’s former maid Lia Opris to meet with attorneys for Francis X Morrissey, the attorney who is facing felony charges for allegedly taking part in a scheme to forge Ms. Astor’s signature to revisions to her Will. Ms. Opris was reportedly a witness to the signing of the will revisions. So far, she has refused to meet with Thomas Puccio, the lawyer defending Morrissey. The one thing certain about this bizarre case is that we have yet to see the last weird twist and turn. Continue Reading Romanian Prince Attempts To Help Attorney In Brooke Astor Case

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

Today’s New York Times brings us  depressing news of yet another attorney fallen from grace for not being able to keep her hands off of the property of an elderly person over whom she had been appointed guardian. The Appellate Division has suspended Emani Taylor for allegedly converting the property of retired Supreme Court Justice John L. Phillips after saying that she had failed to cooperate with the court’s investigation into her actions.

Continue Reading Lawyer Suspended For Irregularities In Guardianship Of Retired Judge

The hits just keep coming for Francis X. Morrissey, the former attorney of the late Brooke Astor who died last August at the age of 105. Today’s New York Times reports that Mr. Morrissey represented a veritable Who’s Who of New York’s elderly and wealthy. What is somewhat odd –but unfortunately understandable under the circumstances– is that he took care of the legal business of many of these clients without charging them fees. Evidently he stumbled across a surefire formula that if you ingratiate yourself with elderly rich folks by doing their legal work gratis at the same time you are taking them to dinner, Broadway shows and bringing them smoked hams, turkeys and cashmere robes you will be rewarded in their wills. Big Time! As the Times article claims, Mr. Morrissey would have another attorney , Warren J. Forsythe Esq., prepare the wills of these clients. Invariably the wills would either provide substantial bequests for him or name him as a fiduciary so that he could earn large commissions. Mr. Morrissey has been hit with an eighteen count indictment arising out of his representation of Ms. Astor. It will certainly be interesting watching this case play out in the criminal court.

Today’s New York Times business section tells us of  the mysterious death in Florida of 44 year old hedge fund manager Seth Tobias this past September 4th. From all appearances, he had suffered a fatal heart attack and was found in his swimming pool. Initially, there were no suspicions raised by the death of this man who had controlled a 300 million dollar hedge fund and whose estate is estimated at about 25 million dollars.

Of course, large amounts of money can lead to king-sized claims. Mr. Tobias’ four brothers have already filed a lawsuit against his widow Filomena amidst claims that she had drugged and murdered her husband even though she has not been charged with any crime. The Jupiter Florida police have not opened a criminal investigation –and are not likely to do so until the results of the medical examiner’s toxicology tests are known.

Meanwhile, Florida subscribes to the doctrine that one cannot profit by one’s own wrongdoing and therefore a killer cannot inherit from his or her victim.The stakes here will be extremely high in all respects –and it looks as if we will be treated to a lurid and exciting wild ride which will, incidentally, provide us with more than a few lessons in the law before it is over. 

Nassau County Surrogate John Riordan’s decision in the Matter Of Joseph Seviroli has been affirmed by the Appellate Division of the New York State Supreme Court. The case is reported at 844N.Y.S.2d 115 (A.D. 2 Dept 2007) and holds that a properly drawn, executed and acknowledged  waiver of a surviving spouse’s right to an elective share of the estate of the deceased spouse will be seen as valid and enforceable. Continue Reading Appellate Court Upholds Waiver Of Spousal Right Of Election

The issue of competence is quite often at the center of will contests. Until it can be proved otherwise, the mental competence of the decedent is presumed. Rebutting this presumption is entirely the burden of the objectant to a will — and it is a heavy burden to overcome, but sometimes there may be ways of accomplishing this. Continue Reading Some Pointers About Rebutting The Presumption Of Competence

Today’s New York Times carries a lenthy account of the alleged misdeeds of Brooke Astor’s former attorney, Francis X. Morrissey Jr. It seems that every time I run a story about Mr. Morrissey, I receive comments from friends and associates telling me what a great guy he is. I can only draw my conclusions from what I read (keeping in mind of course that our system of justice carries with it a cherished presumption of innocence) — and I am not too impressed. This article will help you to make up your own mind about Mr. Morrissey. Continue Reading Astor Lawyer Morrissey Accused Of Numerous Improprieties