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Contesting a will can be a difficult decision to make. Amongst other things, people risk damaging their relationships with family members, and should always consider the time and expense of litigation. However, despite the potential drawbacks, sometimes contesting a...
When you choose an attorney-in-fact, also called a "power of attorney," you give this individual the right to make decisions on your behalf. These decisions typically regard your healthcare, finances and legal matters. Accordingly, you must choose your...
After you pass, and leave behind an estate you cannot always control what happens to your property. Your family or beneficiaries may fight over who gets what, and the estate may be tied up in court for years. However, there are some important steps that yo can take to...
People learn from experience, by watching others. When the musician Prince died without a will last year, it kicked off an intense and lengthy probate process. His estate is worth an estimated $100 to $300 million. The lack of estate planning surprised everyone,...
A trustee is tasked with managing the assets in a trust for the benefit of the trust's beneficiaries, and handling assets in the manner dictated by the terms of the trust. When a trustee fails in his or her duties, it is referred to as breach of fiduciary duty. Breach...
A phrase that comes up frequently in estate litigation is undue influence. It is the accusation that one party took advantage of another's frailty to defraud or steal from them. Undue influence litigation challenges the terms of the individual's Will or other estate...
If you've ever listened to the morning news or scanned the paper while having your coffee, you're likely familiar with the concept of contesting a will. One or two high-profile estate plan challenges usually make the news each year, most often those of celebrities,...
On October 14, 2015 the Law offices of were proud to host a live, 90 minute "webinar" presented by the New York State Bar Association entitled "Winning a Will Contest Using Medical Records to Support Lack of Capacity." Partners Gary E....
