The beneficiaries of the estate of a wealthy Connecticut woman have agreed to settle a dispute over changes made to her Will after she was diagnosed with dementia, Bloomberg News reported. Sadly, theft from the elderly and other forms of estate fraud are an all-too-common occurrence. A New York City…
Articles Posted in Guardianships
New York Estate Fiduciaries and Guardians Must Consider Internet Information and Assets
New York Executors, Administrators and Guardians have the responsibility of ascertaining, protecting and collecting the assets, documents and other effects of the estate or incapacitated person they are appointed to oversee. The New York Probate Lawyer Blog has previously discussed fiduciary responsibility concerning asset determination and protection. An interesting aspect…
New York Guardianship Property Transfers Require Court Approval And Review
The New York Probate Lawyer Blog has previously discussed numerous aspects concerning the appointment and duties of an Article 81 personal needs and property management Guardian. Very often the assets of the incapacitated person includes real property such as a home. It may become necessary for the Guardian to sell…
Guardianship, Special-Needs Trusts In New York Should Be Considered When Caring For Those With Disabilities
As we begin 2011, we encourage you to take special care in planning for the welfare of a child with special needs. Consulting a New York City guardianship attorney is a great way to bring peace of mind to the issue of caring for a child or adult-child in your…
New York Incapacity Under Article 81 of the Mental Hygiene Law Does Not Void All Prior Contracts
A New York Court can appoint a Guardian of the person or property for an individual who is found to be incapacitated. As previously discussed in the New York Probate Lawyer Blog, Mental Hygiene Law Section 81.29(d) provides, in part, that “the Court may modify, amend, or revoke any previously…
Thanksgiving May Offer Families Time to Discuss Estate Planning Issues
By some measure, more than half of all adults will die without a will. In some cases, the consequences for those left behind can be quite severe. Proper planning can ensure your estate goes to your loved ones, that you are protected from excess taxation, and that you can enjoy…
Government Calls into Question New York Probate Oversight of Guardianship Matters
The U.S. Government Accountability Office reported that probate courts are not doing enough to protect vulnerable older adults against exploitation by guardians appointed to look after their health and finances. Experienced New York City probate attorneys are frequently called to help establish Article 81 guardianship over an adult who cannot…
New York Guardianship Court Evaluator Report Can Support Finding of Incapacity
The New York Mental Hygiene Law provides for the appointment of a Guardian for and individual’s property management and personal needs. Article 81 of the statute requires that a Court find clear and convincing evidence to determine that a person is incapacitated. Mental Hygiene Law Section 81.12. As discussed on…
Incompetancy May Not Prevent the Transfer of a Deed In A Foreclosure
Article 81 of the Mental Hygiene Law provides for the appointment of a Guardian for the personal needs and property management of a person who is found to be incapacitated. Guardianship proceedings are typically commenced by close relatives and friends who desire to protect the interests of a person who…
New York Guardianship Law Provides For Reasonable Compensation of the Guardian
New York Guardianship law, as set forth in Article 81 of the Mental Hygiene Law, contains many provisions delineating such matters as procedural requirements and Guardianship powers. Among these many items is an important section concerning Compensation of Guardian. Section 81.28 of the Mental Hygiene Law provides, in part, that…