Articles Posted in Probate

Famed consumer advocate, Ralph Nader has opened a very odd museum in Winstead, Connecticut called the American Museum of Tort Law The centerpiece of the museum is the Corvair, the car that brought Nader to national Attention due to his book Unsafe at Any Speed. Nader says it’s the only museum of its in the…

An article over at marketwatch.com reports says-sex couples are less likely to save for retirement than the rest of the population. They cite a recent Prudential LGBT Financial Experience report which found most LGBT couples are more likely to call themselves spenders than savers. The report found, that compared to the population at large, fewer…

After many years as a probate lawyer, here are some of the most frequently asked questions: 1. Can a copy of a WILL be probated? Generally, only the original WILL may be probated. However, if it can be proven that the original WILL was never revoked and was destroyed AFTER the death of the decedent,…

Not all family members may become an administrator of a decedent’s estate. The general rule is that a surviving spouse has first priority, followed by surviving adult children. A common law spouse does not have an automatic right to become an administrator. However, he/she can be appointed as the administrator after the consent of the…

The executor’s (or administrator’s) primary duty is to liquidate the estate’s assets and distribute money to all beneficiaries named in the will or to distributees if there was no will. There are ways to legally compel an executor to act: After a reasonable time (6-9 months) you can demand that the executor provide an accounting…

An executor, appointed by the testator in his/her will has a fiduciary duty to the heirs of the estate. What can you do when the executor breaches his/her duty? What are the executor’s obligations? Filing a Probate Petition in Surrogate’s Court. Notifying all heirs and distributes of the filing. Locate all missing heirs if any.…

Neither physical injury, illness nor old age alone are considered by courts to be incompatible with testamentary capacity. The question in each case is the degree to which the decedent’s understanding and decision-making were affected, which must be determined on the facts of each case. “Advanced age is ordinarily accompanied by impairment of the physical…

In the case Estate of Torleiv Larsen, 2016 NYLJ (Richmond County Surrogate Court) Alexander James Larsen, decedent’s grandson and sole distributee, sought to admit a document purporting to be decedent’s will. The document had sustained water damage and the signatures of decedent and attesting witnesses were wiped away. The question before the court was whether…

This one is a bit old, but it came across our digital transom and we thought it was interesting enough to blog about. Ohioan Donald E. Miller Jr wanted to get a new driver’s license and re-activate his Social Security number, but there was one minor issue that prevented him from doing it. He was…

Let’s begin with some definitions. When someone dies with a will, the process is called Probate. The individual entrusted with administering the estate is the Executor named in the Will. If one dies without a will the process is called Administration. The person entrusted with administering the estate is called the Administrator. Since no written…