An estimated 50 million American households now include a child being raised by a grandparent. Even more households include multi-generational families, where 3 and 4 generations live together. Even the Whitehouse included such an arrangement, as President Obama’s own grandmother resided with his family until her death just before the…
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New York Estate Planning & Elder Law Blog
Is a Pet Trust Right for You?
Americans love our furry friends. In fact, the richest dog in the world died in 2011. For those who don’t already know the story, Leona Helmsley was a wealthy hotel mogul who disinherited all her family and $12 million in trust for her dog, Trouble. She was known for her…
Splitting Responsibilities Under Powers of Attorney: Typically Not Wise
When it comes to powers of attorney, there are two basic types: property and healthcare. The person selected to make decisions is called the agent, and the person granting the authority is called the principle. Property powers of attorney are designed to allow the agent authority to sign documents, open…
Divorce vs. Disinherit: Beware the Elective Share
Once upon a time, there were these somewhat sexist laws called “dower and curtesy.” These laws applied to the specific amount of a decedent’s estate to which his or her surviving spouse would be entitled. They were usually very different; men received more than women. Over the years, these laws…
Mississippi Court Decides Application of Slayer Statute to Mentally Disabled Person for First Time
In 2010, John Armstrong, a Mississippi man suffering from severe schizophrenia, delusions and paranoia, killed his mother, Joan Armstrong, by bludgeoning her repeatedly with a brick and stabbing her multiple times in the stomach and chest. Due to his severe mental illness the criminal court found him incompetent to stand…
Duke of Earl Involved in Long Probate Battle Over Alleged Fraud and Undue Influence
Gene Chandler (aka Eugene Dixon) was one of the more prominent figures in mid-Twentieth Century Soul and R&B. In 1962, he released his biggest hit – The Duke of Earl. Following this award winning number one billboard hit, he began to refer to himself as the Duke of Earl. However,…
State Supreme Court finds Conflict of Interest Where Personal Representative Used Estate Property to Operate Decedent’s LLC After Death
When a business owner passes away, there are inevitably additional concerns for the estate. For instance, should the business be closed, or should the business continue to be operated by surviving family members? How should the company’s assets be distributed among heirs? Experienced New York elder law attorneys can assist…
Why Consider a Special Needs Trust?
Supplemental Needs Trusts (also called Special Needs Trusts) have become fairly popular in recent years. These trusts are designed to protect a disabled person’s assets in order to ensure the greatest amount of funds available for care and support. In 1993, Congress passed legislation in 42 U.S.C. § 1396 et…
Joint Accounts are no Substitute for Quality Estate Planning – Part 2
How does joint tenancy avoid probate? Let’s use a simple example: the family home. When an aging widow places her home in joint tenancy with an adult daughter, they both immediately are entitled to possession and ownership. Each has the same rights. If the property is rented, each is entitled…
Joint Accounts are no Substitute for Quality Estate Planning – Part 1
Estate planning attorneys are frequently asked a troubling question: what’s the quickest, cheapest, and easiest way to just avoid probate altogether? Of course, you can never expect an attorney to provide a blanket response to that question. It is similar to asking your doctor, “What’s the quickest, easiest, and cheapest…