People are taught to hang onto important documents. Every person is instructed to hold onto deeds, mortgages, bank records and tax returns in a safe place where no one else can access them lest important information fall into the wrong hands. But wills, which might be the most important document…
Articles Posted in brooklyn estate planning
NEW YORK’S INTESTACY LAWS
As was outlined in the most recent blog posting, if you compare the costs and benefits of creating a will now versus passing away intestate, there is no doubt that the benefit is huge and the cost is small. It is thus high time to explore New York’s intestacy laws…
HOW TO ASSURE AN ESTATE BATTLE
HUGUETTE CLARK AS EXEMPLAR The last member of the gilded age passed away just a few years ago. Huguette Clark’s life, in some ways, seems to mirror the classic Orson Welles classic One of the first things that she did to insure an estate battle was to pass the entirety of her…
FEDERAL COURT EXCEPTION TO PROBATE JURISDICTION
FEDERAL COURTS ARE COURTS OF LIMITED JURISDICTION There is little question that Federal Courts are courts of limited jurisdiction. If there is neither original jurisdiction, meaning a question of federal law or rights that arise as a result of federal legislation nor complete diversity of the parties, meaning that all of…
LACKING IN MENTAL CAPACITY AND FAMILY, WHO DECIDES
On June 24, 2015 a trial Court in California invalidated a California law as unconstitutional, which created a default surrogate decision maker when that individual is mentally incapacitated and does not have a family member, or anyone else for that matter, to make key decisions for them. The law and…
WHAT OF MY ESTATE PLANNING IF MOVE TO ANOTHER JURISDICTION?
Say you live here in New York and made significant plans to avoid probate. You have a will, own a business that you pass on and even set aside significant assets for your grandchildren. You worked hard to put your financial house in order. Now you find out that you…