Close

Articles Posted in Guardianships

Updated:

Estate Disputes Should Be Avoided But Sometimes Never End

The New York Probate Lawyer Blog has reviewed many instances and issues regarding estate litigation, Will contests and disputes among heirs and beneficiaries. Sometimes controversies begin before a person dies when they become ill and incapacitated. Relatives and friends can abuse or breach fiduciary obligations in attempting to control a…

Updated:

New York Power of Attorney Issues Overlap Guardianship and Estate Matters

Brooklyn and Nassau estate attorneys, as well as those assisting their clients throughout all parts of New York State, are often confronted with a myriad of issues relating to Powers of Attorney, Health Care Proxies, Article 81 Guardianship and estate settlement. In a typical situation, an individual may have prepared…

Updated:

Using Mental Hygiene Law Article 81 to Protect Family Members Key in New York Counties such as the Bronx and Westchester

It seems like every week you hear a story on the news or read in the newspaper about an elderly person who suffers physical abuse, either by a caretaker or family member. Sometimes the person victimized is handicapped or otherwise dealing with challenges in life. Sadly, it often takes law…

Updated:

Huguette Clark Case Should Get Interesting If Will is Contested in New York Court

New York Probate Lawyer Blog has already touched on the fascinating case of 104-year-old heiress Huguette Clark, who died recently in New York City. What makes the situation unique is that Clark, who inherited a giant fortune from her father, a copper baron and one of the richest Americans at…

Updated:

New York Article 81 Guardianship Can Involve the Settlement Of Property Rights Between Spouses

The New York Probate Lawyer Blog has discussed many issues regarding Guardianship of the person and property of an incapacitated person. These issues can include, among other things, a determination of the assets owned by the incapacitated person and the powers granted to a Guardian with regard to the management…

Updated:

New York Decedent’s Burial Can Be Complicated By Conflicts Between Family Members and Guardians

The New York Probate Lawyer Blog has previously discussed issues regarding the rights of relatives to make burial decisions regarding a decedent. New York Public Health Law Section 4201 entitled “Disposition of remains: responsibility therefore”, provides a framework for this decision-making by essentially giving priority to a decedent’s spouse and…

Updated:

Undue Influence In Changing Life Insurance Beneficiary Can Be Difficult to Prove

The New York Probate Lawyer Blog has previously discussed the naming of a beneficiary on a life insurance policy or other asset such as a pension or retirement account. Upon a person’s death, these assets are paid directly to the named beneficiary (assuming the beneficiary is surviving) and are not…

Updated:

New York Article 81 Guardians Are Bound By The Court To Act Properly

The New York Probate Lawyer Blog has discussed the powers and obligations of a property management and personal needs Guardian. When a person is found to be incapacitated and a Guardian is appointed, the Court maintains scrutiny over the actions of the Guardian. One of the safeguards provided by Article…

Contact Us