A will is a legal document that makes a testator's wishes known upon their death. Common areas covered in a will include how property and assets are to be disbursed among family and friends. In some cases where a testator has children under the age of 18, a will...
How to file a probate case
When an individual in New York or any other state passes away, it may be necessary for that person’s estate to go through probate. If an estate is subject to this process, a probate petition will be submitted to a court in a jurisdiction where the person lived or...
The difference between mental capacity and undue influence
Whether you have reason to contest a will or you are an individual with fiduciary responsibility to another's estate faced with defending such challenges, it is important to understand how the law can influence the proceedings.Challenges to the various transactions...
Probate does have positive aspects
Conventional messaging around the probate process is that it is something to avoid like the plague. To that end, legal strategies and tools exist to facilitate the transfer of assets outside the scope of the court.The main reason for the aversion to probate is that it...
What are common reasons for probate litigation?
Are you confused about estate planning? You are not alone. There are so many facets of law that can influence the formation of a solid plan.Many believe a simple will covers the bases. That might be true sometimes. But a great deal can happen in your life in a short...
Kinship hearings: Getting to the roots of valid inheritance
Family trees can be complicated things. Indeed, the nature of relationships today is such that it can be hard to find words to describe a given family. There might be second families, blended families, extended families and more. Such variables also create unique...
Key factors for contesting a will
Wills are meant to provide people with a way to designate their assets after their passing. Though this proves to be quite useful in many cases, there are some instances where specific impeding factors negatively alter or improperly affect such decisions.In those...
How a legal professional can assist in probate litigation matters
Whether a loved one died without a will or portions of a will are being contested, there are times when legal disputes may arise related to a loved one's estate plan. Probate litigation matters are often highly emotional and contentious and, if not handled in a...
Ensuring that your estate planning wishes are realized
Throughout one's lifetime, change is a constant. From the birth of a child to the day that child graduates college or welcomes his or her own child into the world, life's ever-evolving circumstances force us to constantly evaluate where we are and what we need to do...
Diminished mental capacity, undue influence and challenging a will
For many adult children, concerns over the physical and mental health of one’s parents are often a chief concern. In addition to worrying about an elderly parent falling or suffering a major health event like a heart attack, a parent's diminished cognitive...