Sometime ago, I reported here about the case of Ava Baker, a Brooklyn home health aide who had maneuvered her way into the will of her  88 year old charge, causing him to thoroughly abandon an established testamentary scheme. Now, the Supreme Court’s Appellate Division has agreed with and upheld Kings County Surrogate Tomei in the Matter of Martin Neary, deceased 843 N.Y.S.2d 689 (A.D.2 Dept 2007)  affirming the Surrogate’s finding that the will should be set aside by reason of undue influence. Continue Reading Decision Of Undue Influence By Home Health Aide Sustained On Appeal

Fellow lawblogger Joel Schoenmeyer’s Death and Taxes Blog calls attention to yesterday’s excellent Wall Street Journal article on Powers of Attorney. The latest news coming out about the arrest and indictment of the late Brooke Astor’s son Anthony Marshall   together with her former attorney Francis X. Morrissey Jr. highlights the need for vigilance in giving a power and remaining knowledgeable about the activities of the holder. It is must reading.

Today’s New York Times  reports on an estate conflict between two sets of stepchildren in Suffolk County Surrogate’s Court on Long Island’s east end. Those of us who do contested estate work are used to seeing people at their very worst , but this story is sufficiently over the top to attract the attention of "The Gray Lady" (as the Times is sometimes known). After Monique Eastman’s first husband Richard Spreyregen died in 1959, she subsequently met and married Lee Eastman, a prominent entertainment lawyer whose wife Louise was killed in an air crash. While they lived happily together for nearly thirty years, the closeness they enjoyed was not shared by their respective children. Continue Reading Stepchildren War Over Estate Art Collection

An article in the Michigan Telecommunications and Technology Law Review raises the possibility that someday we will be dealing with electronic wills which,  Keven DuComb reports are currently legal (although subject to severe requirements) in the state of Nevada. With this genie apparently emerging from the bottle, one can only begin to imagine the possibilities — and pitfalls that accompany the promise of electronic wills.  One thing is certain and that is that the application of new technology will make this new phenomenon commonplace with the passage of both time and the necessary enabling legislation. Read on!

Today’s New York Times has reported the indictments of Anthony D.Marshall, 83 year old son of the late Brooke Astor together with Francis X. Morrissey Jr. Esq. ,a former lawyer of the socialite who passed away in August at the age of 105. The two are charged with irregularities dealing with their activities involving the handling of her financial affairs.

Continue Reading Brooke Astor’s Son and Attorney Indicted

Law Professor Gerry Beyer’s Wills, Trusts and Estates Prof Blog has picked up on an interesting story about billionaire Warren Buffet which ran recently on CNN. Testifying at a recent Senate hearing, Buffet voiced his opinion that efforts to end the estate tax are misguided and wrong for a variety of reasons. Continue Reading Warren Buffet Opposes Ending Estate Tax

Chutzpah has been defined as pleading for mercy on the grounds that one is an orphan after killing both parents. Condemned killer Scott Peterson gives this new meaning after daring to apply for the benefits from the life insurance policy of his wife Lacie. This story is set forth in some detail in a recent report in LA’s Metropolitan News Enterprise. It merely restates the time-honored and well-settled public policy that denies a killer any share of the estate or insurance benefits of the person he or she has murdered. Was this application for benefits a ploy to obtain funds to pay legal fees (Peterson won’t  need the money where he is going and he is sure to leave behind a gigantic bill from his attorneys)? Just a thought.

New York County (Manhattan) Surrogate Renee Roth has issued a ruling in the Matter of the Estate of Dossie 842 N.Y.S. 259 that the cost of surety bonds required for an Administrator could be charged against the shares of those distributees who refused to consent to dispensing with such bonds. Continue Reading Cost Of Surety Bonds Charged Against Non-Consenting Distributees

Today’s New York Times has reported that the settlement talks being held in the Westchester County Surrogate’s Court to attempt to resolve the dispute over Brook Astor’s Estate have been put on hold while the New York County District Attorney presents the case to a Grand Jury for possible criminal action.

Continue Reading Astor Estate Goes To Manhattan Grand Jury

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