Estate planning is a deeply personal process that often requires someone to go into great detail about their preferences for their legacy. Testators creating or updating wills, trusts and similar documents often need to fixate on specific types of property, such as...
Probate Litigation
What to expect during the New York probate process
Some adults create thorough estate plans that rely on trusts and special paperwork to transfer property when they die. When successful, these complex plans can allow someone's estate to bypass probate court entirely. Frequently, at least some of a person's property...
Can you remove a guardian who doesn’t do their job properly?
When someone is subject to a guardianship in New York, the person in the role of guardian has usually presented a strong case in court showing that the adult requires the support of a guardian. Financial blunders and medical records are common evidence in guardianship...
Guardianships for minors and adults differ, so be prepared
If you have a child who has a developmental disability, there is the potential that they may need ongoing support well into adulthood. Especially in the later teenage years and early adulthood, many teen and adult children with developmental disabilities rely on their...
Guardianships: Not just for children
When you’re involved in estate planning, one of the things that comes up is the need for a guardianship. If you have children, then guardianships may be used to define who would take care of them if you could no longer do so. Guardianships aren’t just for children,...
Why can probate take so long?
The loss of a parent, spouse or loved one is rarely easy even under the best of circumstances. Ideally, the deceased worked with an experienced estate law attorney to draft a thoughtful will or trust, but there may still be delays in the probate process regardless of...
Court battle looms over late musician’s trust
For New Yorkers who are well-known and wealthy, it is important to keep track of how estate plans can spark a legal dispute among heirs if the document is not crafted properly. Prominent entertainers bring joy to their fans and earn large sums of money for their...
If you wish to contest the choice for executor of an estate
If a loved one died and appointed an executor that you do not believe is up to the task, it can be difficult to speak up. However, as a beneficiary you have a right to contest the choice of executor in order to protect the estate. The importance of the right choice An...
Family conflict often causes more problems than tax rules
Fights over a loved one’s estate all too often overshadow a family’s ability to grieve their loss. In fact, family conflict is the biggest worry in estate planning today, according to recent survey of professionals at the Annual Heckerling Institute on Estate...
Estate litigation pits two older sisters against youngest sister
When an estate plan is created in Rochester and throughout New York State, the goal is for the testator to detail what he or she wants and for the document to result in those desires coming to pass. However, if there are significant assets and would-be heirs who were...