A New York Fiduciary is generally required to provide a full accounting of his or her financial transactions. Fiduciaries include estate Executors and Administrators, Trustees and Guardians of incapacitated persons. The information set forth in the accounting can be simple or complex depending upon the nature of the estate or…
Articles Posted in Trusts and Estates
A New York Spouse May Inherit Despite Being Separated For Decades
The application of New York inheritance and estate laws and procedure are often seen within the variety of circumstances that effect individual lives. A recent article posted at MSNBC.com on September 22, 2010 talked about the World’s Oldest Man who just celebrated his 114th birthday. The article stated that Walter…
Fight over Benihana Steakhouse Chain Highlights need for Comprehensive Estate Planning
A probate court ruling has granted control of a family trust to the third wife of late Benihana founder Rocky Aoki, which could ultimately determine the fate of the Japanese steakhouse company, the New York Post reported. New York City probate attorneys and estate planning lawyers are frequently called to…
The Use Of A New York Health Care Proxy Can Face Complex Issues
A New York Health Care Proxy can be a valuable part of an estate plan. It provides the means by which someone can appoint an agent to make health care decisions on their behalf in the event they are not able to make these decisions for themselves. New York Public…
New York Choice of Law Issues Can Determine Outcome of Case
Following a person’s death, it may be necessary to file papers with a Court to commence a Probate proceeding, if the person had a Last Will, or an Administration proceeding if the person died intestate. It may also be necessary to determine the appropriate set of laws that are to…
Disqualification of New York Administrator Requires Specific Evidence of Wrongdoing
New York Administrators and Executors, also known as fiduciaries, have many responsibilities with regard to administering an estate and their relationship with estate beneficiaries. Very often, due to a fiduciary’s acts or failure to act or a conflict of interest, beneficiaries ask the Court to disqualify a fiduciary or to…
New York Estate Litigation Should Be Carefully Considered For Cost and Likelihood of Success
The process of settling the estate of a decedent can be either uncomplicated or filled with controversy. There are many aspects of estate administration that can lead to disputes and litigation. For example, when a person dies, among the first questions to be asked is did the decedent leave a…
New York Planning For Retirement – A Practical Approach
Nowadays retirement seems like more of a dream than a reality given the tough economic environment. For many, it is difficult enough just to meet current expenses and obligations. However, whether a voluntary choice or due to events such as illness or job loss, retirement is a reality that needs…
Clark Case May Be Subjected to Guardianship Oversight in New York
Update: MSNBC reports that New York City officials have begun welfare checks on the 104-year-old heiress and the Manhattan district attorney has launched a criminal investigation into the handling of her finances. Where in the world is 104-year-old Huguette Clark? One only hopes that she has a world-class New York…
The New York Supplemental Needs Trust Is Useful To Protect Assets And Provide Added Benefits
There are many situations where a person who is disabled has assets available for his or her present use or may be in the position to receive assets at a later date such as a beneficiary under a Last Will or Trust. While owning assets is usually beneficial, persons suffering…