To challenge the validity of a prenuptial agreement, one looks to see if any of the above elements were abused or not satisfied. This can include– 1. Duress- A prenuptial agreement can be voided if one party was pressured or coerced into signing it. Duress also can be shown if…
Articles Posted in Estate Planning
Prenuptial Agreements in NY – Part 1: Enforceability
Every year, over 2 million people get married in the United States. In the same year, almost 900,000 people get divorced. Broken down even further, approximately 50% of all first marriages, 67% of all second marriages, and 74% of all third marriages end in divorce. With these statistics, it should…
Common Reasons for Contested Wills in New York
Many people know that having a will is necessary in order to properly ensure the deceased’s wishes are followed and desired transfers are carried out once they are gone. However, the importance of having the proper documentation in place does not end there. Careful estate planning is crucial to a…
Back to the Basics: What is the Difference Between Revocable and Irrevocable Trusts?
While many New York residents familiar with and have an existing will in place in the event of their death, most people do not realize that estate planning documents extend far beyond a last will and testament. The world of estate planning documents includes not only living wills and advanced…
Be Aware of Cemetery Rules & Guidelines
Delineating funeral and burial wishes is a common part of estate planning. Everyone has unique desires about their final resting places, incorporating personal, spiritual and religious preferences. In addition, the perspectives of surviving family members are also taken into account. That is because spouses and children may wish to remember…
Dispute Over Documents Settled Between Harry Belafonte & MLK Estate
Even after a loved one is gone, disputes over his or her estate can continue to arise. For example, nearly forty-six years after the 1968 assassination of Martin Luther King, Jr., his estate is still involved in legal battles. Most recently, the King estate was in conflict with singer and…
What is “Donor Intent” & How Does It Affect a NY Estate Plan
Charity is an important part of an estate plan for New York families. Many residents have important causes that symbolize their own values and morals, including social, political, economic and religious non-profit groups. Donating funds via a will or trust is common for estates of all sizes–this is not just…
Undue Influence in NY & Pressuring Vulnerable Seniors
Family feuding is all too common, and finances are often at the root. One argument often made in legal cases involves these matters is that an adult child or other close relative is abusing a position of trust and confidence with a parent to take advantage of them financially. Proving…
Back to the Basics: First vs. Third Party Special Needs Trusts in NY
Families throughout New York who have children with disabilities are frequently questioning how to best provide for their children’s needs–both now and in the future. It can be a complex issue, because relatives must balance their ability to provide help via their own private resources with available support through Medicaid…
The Power of Legacy – Could a Will have Prevented WWII?
Life is about far more than the accumulation of material wealth. Working hard and collecting valuables to enjoy and pass on to others at death is nothing to spurn. But there are many other things that are accumulated over a life and can be passed on at death: morals, lessons,…