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Realizing that a caregiver might be manipulating your aging parent is a distressing experience. You trust these individuals to provide comfort and safety, not to take advantage of vulnerability for personal gain. Undue influence occurs when a person uses their...
Sometimes the reason families end up in NY Surrogate's Court is not simply to seek the probate of a will, but because of litigation. Indeed, a person interested in an estate often has the right to initiate a legal proceeding, or proceedings, due to an issue with an...
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...
As many clients, or potential clients, may know, it is uncommon for a Court to find that a Will is invalid after it has already been admitted to Probate. However, in limited circumstances, the New York Surrogate's Court has the power and authority to deem a Will that...
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...
