Nassau County New York Surrogate John Riordan’s decision in Matter of Biondo (New York Law Journal, April 6th , 2006 reported at page 20) provides an excellent explanation and application of the doctrine of cy pres (pronounced “sigh-pray”). Originally part of our common law, cy pres is one of those concepts taught in law school which (like the joke about the roof) generally passes right over the head of the average law student and continues right into oblivion until some future point where it has to be relearned. Continue Reading Cy Pres Doctrine Determines Disposition of Funds Directed to Dissolved Charity

Estate tax confusion is the subject of an article posted on April 22 by Clark Allison in the California Estate and Business Blog. The uncertainty which has beset estate planning by the current legislation in place is seen in context with the issues surrounding the future of the estate tax in Congress. This ongoing debate seems to have little chance at this time of producing any sort of lasting compromise and the author suggests that the big losers may prove to be those of us who delay implementing a good estate plan waiting for such a compromise to be reached.

April 18th’s New York Law Journal features a decision by Richmond County (Staten Island) Surrogate John A. Fusco holding that the estate of a deceased husband who had shot his wife to death would be barred from inheriting her portion of the couple’s home even though he had not been actually adjudicated as a murderer. Continue Reading Absence of Murder Verdict Does Not Relieve Husband of Responsibility for Slaying Wife

Fellow lawblogger Joel A. Schoenmeyer ‘s “Death and Taxesblog.com” has discovered -and published�a copy of the will of the late Richard Nixon. Not only does the document have some significance for those of us with historical bent (before your lawblogger went to law school, I managed to earn a Master’s Degree in American History) but also, Joel has provided us with an interesting analysis of some of its technical aspects as it is apparently very artfully drawn. Click on the hotlink and read on.

The Third Department of New York’s Supreme Court Appellate Division has handed down an interesting opinion on testamentary capacity. In the Matter of the Estate of Albert L. Friedman, reported at 809 N.Y.S. 2d 667(A.D. 3 Dept 2006), it was established that the decedent was diagnosed with progressive dementia. Continue Reading Appellate Court Holds Dementia not Conclusive Proof of Lack of Testamentary Capcity

New York’s Appellate Division has reversed the Suffolk County Surrogate’s decision to dismiss a petition brought to vacate an earlier decree which had admitted a will to probate upon the claim of undue influence. The will which was executed in 2002 left the decedent’s entire estate to his third wife . This marked a complete reversal of the testamentary intent of the decedent as it had been set out in a will drawn nine years earlier which had left his estate not only to his then second wife but also to various members of his extended family. Continue Reading Appellate Court Holds that Petitioner Seeking to Vacate Admission of Will to Probate Was Entitled to a Hearing

It is possible to admit a lost will to probate if certain important conditions are met. Section 1407 of New York’s Surrogate’s Court Procedure Act provides that a lost or destroyed will is admissible if (1) it is established the will has not been revoked, (2) The will has been executed in the procedure provided for by law and (3) All of the provisions of the will are clearly and distinctly proved by each of at least two credible witnesses or by a copy or draft of a will proved to be true and complete. Continue Reading Lost Wills

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.

New York’s Appellate Division has reversed a determination of the Dutchess County Surrogate’s Court which had originally granted an application which cancelled a real estate contract of sale on the grounds that the executor did not get the highest price obtainable. Continue Reading Decision to Cancel an Executor’s Real Estate Contract for Failure to Get the Best Obtainable Price is Reversed