In theEstate of Jerome Silverstein, 827NYS2d 50,a case before the New York State Supreme Court’s First Appellate Division, it was held that trustees breached their fiduciary responsibility of loyalty by allowing immediate family members to occupy trust property at no rent or for rent far below fair market value. Continue Reading Trustee Breached Fiduciary Duty For Failing To Charge Fair Market Rental For Trust Property

The legal storm that has swirled around  Anna Nicole Smith during her lifetime promises to develop into a full-blown hurricane after her death February 8th. Barely twenty four hours later, enough issues have arisen to keep an entire faculty of law professors busy for years. While the controversies that surround most celebrity deaths have significance mainly to the public that followed  those stars while they were alive, there are questions here with meatier legal significance. Continue Reading Anna Nicole Smith’s Death Sparks A Host Of Legal Questions and Controversies

Last year, I reported on the dispute that erupted after the death of Civil Rights Icon Rosa Parks in Detroit in October 2005. Ms. Parks left the bulk of her estate to an institute which she had founded together with her confidante and caregiver Elaine Steele (who had also held Ms. Parks’ power of attorney). The crux of this dispute revolves about who will control the use of Rosa Parks’ likeness and thereby reap the royalties derived through its sale. Since her death, the likeness of Rosa Parks has been used in  national advertisements for Chevrolet and Apple Computer — this is big business. Today’s Detroit Free Press reports that the issues raised by angry family members will be tried before a jury this February. 

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 law firm of Bacon and Wilson has written a cautionary primer explaining the basics about joint accounts which I have republished for you here.  I would add, however, that it is likely that the suggestion that instructions in your will may be used to qualify the intent of a joint account may not wash all that well in New York. In fact, if all of the assets of a New York resident are in a joint account, it is likely that his or her will won’t even be probated. Therefore, pay specific attention to what you need to do if it is not your intention for your co-depositor to have these assets after you die. When in doubt, consult your lawyer. He or she will offer better guidance than the platform officer at your bank.

I just came across an excellent and thought-provoking article by fellow blogger Dierdre Wheatley-Liss, Esq. in her Estate Planning You and Yours Blawg. As Ms. Wheatley-Liss reminds us, we are all consistently reminded to keep our passwords a deep dark secret. Great advice most of the time but what happens when someone dies? How do their families gain access to their information and assets. What can and should we do about it? I think you will find her suggestions very instructive and useful.

Today’s New York Law Journal reports a decision of Surrogate Glen in New York County who refused to grant an executor’s  motion for summary judgment to dismiss the objections of the decedent’s mother. In the Estate of Jeffrey A. Katz 0468/2002, the decedent had committed suicide two and one half months after executing a will leaving an estate in excess of one million dollars to his accountant. Continue Reading Motion For Summary Judgment Fails To Overcome Mother’s Objections To Probate

The First Department of New York’s Appellate Division has upheld a finding by New York County Surrogate Renee R. Roth in  In Re Rudin 824 NYS2d 637 (AD1 Dept 2006). This action involved the filing of an accounting by the testamentary trustees of the decedent. In response to the accounting, objections were filed in which it was claimed that there were missing assets and trustee misconduct. Continue Reading Unsupported Objections Lead To Judicial Sanctions

Fellow lawblogger Juan Antunez has come across an interesting article published by AP concerning the controversies which often accompany the deaths of celebrities. Obviously inspired by the death of James Brown, the article has been published in Juan’s Florida Probate Litigation.com. I, too was struck by this rather strange phenomenon when I learned that, nearly one month after his death, the Godfather of Soul lies in a climate-controlled house awaiting the outcome of a family feud to determine just where and when he is finally to be laid to rest. Continue Reading Celebrity Deaths Often Involve Controversy

On August 1, 2000, James Brown executed a will in the presence of his attorney Strom Thurmond Jr.(the juxtaposition of the name of the son of one of our nation’s foremost supporters of segregation with the "Godfather of Soul" is not lost upon your blogger!) in which he excluded both his partner and their now five year old  son . As CNN reports tonight, the plot thickens with the assertion by Brown’s attorneys that his subsequent marriage to his partner , Hynie was invalid because she had not yet annulled an earlier marriage at the time of her marriage to Brown. Continue Reading JAMES BROWN’S WILL EXCLUDES HIS PARTNER AND THEIR INFANT SON

The subject of undue influence is treated once more by the New York Supreme Court’s First Appellate Division in In Re Will of Ryan, 824 N.Y.S. 2d 20(A.D. 1st Dept 2006). After being disinherited by their mother, under a will which she made at the age of 89, the decedent’s children filed objections to their mother’s will claiming that she was unduly influenced by their older brother Tomas.

Continue Reading Undue Influence Held Provable By Circumstantial Evidence