Category: Will Challenge

Issue of undue influence comes up often in the context of contested probate proceedings. A relative dies, and when the heirs start going through the estate of the dearly beloved, it turns out that there is not much left. Apparently 3 months before her death the aunt transferred her $2MM Manhattan apartment to...

In New York, every Will must be witnessed by at least two witnesses. When the Will gets probated in Surrogate Court, the names of the Witnesses must be listed on the Probate Petition. Therefore, the Executor of the Will has a real problem when the signatures of the Witnesses are illegible and no...

It is important to revisit your documents at least once every 5 years. As the tax law changes constantly, the documents created in the past may no longer be the most efficient ones. As your family situation changes, your Will may become completely outdated.Changes in LawIn the past, estate tax threshold used to...

When spouses divorce, there are often children left from first marriage. When one of the spouses remarries, he should be very careful that the children from the first marriage do not get disinherited.The second spouse, who is often much younger and less financially secure, may exert pressure on her husband to provide for her...

1. Location of Siblings. It is often the case that one sibling provides care and support for an aging parent, while other siblings are distant (either physically or psychologically). While the local sibling provides support, that same sibling may also control the parent’s finances. The same sibling may also bring the parent to an...

In 2016, several well-known families had well-publicized fights about estates. These disputes should teach everyone to take action and be aware of their estate plan while they have mental capacity!PrincePop artist Prince died in April 2016 without a Will. Since his death, at least 30 individuals have come forward claiming to be Prince’s children,...

A Will execution has many formalities - ensure that your attorney actually knows them!Most people think that writing and signing a Will is easy. I often hear from friends "Any attorney can do it", or better yet "It's so easy, I don't need an attorney, I will do it myself". Well, do so at your...

As most people by now know, the artist Prince died without a Will. The family is now set up for tens of thousands in legal costs and years of delay before the money gets distributed. When a person dies without a Will, regardless of the size of his estate, numerous problems come up....

Property partnership may end for a variety of reasons. One common category of circumstances when real estate litigation occurs involves siblings who inherit property from their parents and have different wishes. Multiple problems can arise.   One sibling may want to live in the property while the other one wants to rent it out....

In a recent New York case, a Will provided for disposition of 2/3 of the property (leaving property to decedent’s siblings, nieces and nephews) and was silent about the disposition of the remaining 1/3. In re Isasi-Diaz, NYLJ, Mar. 28, 2014, p. 35 (Sur. Ct., N.Y.Co.) (Mella, S.)  The attorney-draftsman provided an affidavit...