In In Re Estate of Ball 807 N.Y.S. 2d 163 (A. D. 3 Dept 2005) New York’s Appellate Division, Third Department has reversed a Tompkins County Surrogate holding which dismissed a father’s application for an intestate share of his infant son’s estate after the child died in daycare. The decedent was a non-marital child whose parents both applied for limited letters of administration to commence a wrongful death action. The father’s petition was dismissed upon the mother’s claim that he had abandoned and had failed to support the child. Continue Reading Decedent’s Father Not Disqualified From Taking An Intestate Share Of His Child’s Estate

For some time, I have enjoyed reading Death and Taxes -The Blog which is published by Chicago area attorney Joel A. Schoenmeyer. While the blog’s focus is understandably on Illinois law (just as my blog tries to focus upon New York law), a variety of topics are well-presented which are of common interest to all of us interested in the field of probate and estate law and litigation. Continue Reading Death and Taxes Law Blogger Reviews Dickens’ Bleak House

The sixth annual National Aging and Law Conference will be held from April 20 to April 23 at the Double Tree Hotel in Crystal City, Arlington Va. This will be a forum for a broad spectrum of elder law and elder care advocates sponsored by AARP together with a number of other advocacy organizations . Complete information may be obtained from the NALC website.

On March 7th, the New York Times brought us news of a new reality show from the U.K. Sir Benjamin Slade has decided to look for an heir to his 13 million dollar estate here in America. Finalists will compete for this grand prize in the course of a t.v. reality show at Maunsel House, his estate in Somerset England. Taking a leaf from Donald Trump’s “The Apprentice” , Sir Benjamin plans to one-up The Donald by informing losing contestants that “you’re disinherited”. The last contestant standing will inherit Sir Benjamin’s millions.

In January, I reported on the case of Lillian Glasser, an elderly widow from New Jersey with a home in Boca Raton Florida who has found herself to be embroiled in a bitter guardianship dispute in Texas .Fellow law blogger Professor Gerry W. Beyer has reported on the next phase of this legal odyssey in his Wills,Trusts and Estates Prof Blog Read on as poor Mrs.Glasser’s seemingly never-ending story continues.

In terrorem (“no contest”) clauses are frequently used by testators and attorney draftspersons to dissuade legatees from contesting wills by providing that a legatee who contests the will forfeits his or her bequest. Section 3-3.5 of the Estates Powers and Trusts Law permits in terrorem clauses but with certain specific limitations Continue Reading In Terrorem Clauses

Long the butt of jokes of late night comedians,former Playboy Playmate Anna Nicole Smith has entered a new arena. The Supreme Court today heard arguments in her action to re-open her claim against the estate of her late husband J. Howard Marshall (who died at the age of 90 after a brief marriage to Ms. Smith) . The Justices seemed extremely interested in all phases of this case which truly has something to interest everyone. It involves an estate of approximately 1.6 billion dollars, allegations of a forged will and chicanery on all sides. Continue Reading Supreme Court Hears Anna Nicole Smith’s Claim

Our public policy favors enabling people to be able to direct the disposition of their assets at death if at all possible. We spend a lifetime gathering wealth and possessions and it is important to us that we control the manner in which our estates are distributed when we die. In order to facillitate the making of a will, the law sets a very low bar as far as testamentary capacity is concerned. The law presumes that a person is competent and it is generally necessary to rebut this presumption with expert medical proof. Continue Reading Testamentary Capacity

My fellow blogger Juan Antunez has called our attention to an excellent article reprinted in his Florida Probate Litigation Blog. “New York vs Florida“ by Amy B. Beller provides an incisive comparison of New York and Florida Probate law. This article is of particular relevance because of the large number of New Yorkers who maintain residences in Florida. The two states have significant differences in certain aspects of estate practice and Ms. Beller’s article is a great starting place to determine which jurisdiction may provide a more advantageous forum for a particular estate.