Articles Posted in Will

A 65-year-old Florida caregiver beat a 94-year-old woman and set her house on fire after they got into an argument over the victim’s will. Roman Dusk, 65, was arrested last Thursday after police said he returned to the house a few hours after the attack on lifelong friend, Dorothy Spears . According to the sheriff’s…

Whether a family member dies with or without a Last Will & Testament, all interested parties must be located and notified of the decedent’s passing.Interested parties consist of all the heirs named in the Will or all distributees of the Estate. A distributee is a family member of the deceased who would inherit if there…

There are 3 basic options for estate planning. Two require the assistance of an attorney. One only requires a checkbook and a pen Prepare a Last Will and Testament and leave your property outright to your heirs in a will. Prepare an Irrevocable Trust: your funds go into the Trust and are distributed over time…

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 order for a Will or Codicil to be valid, the testator must sign the Will in the presence of two disinterested witnesses. There are cases wherein New York courts have described the procedure that must be followed for the testator’s signature to be deemed admissible. It is not sufficient that the witnesses know the…

In this blog, we discuss the difficulties that may arise for children in inheritance matters when their mother has been estranged from her husband and does not get a divorce. We take the example of a couple, that was living separately without getting a divorce. They had been living separately and apart for the last…

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…

When preparing a Last Will, the detail that is frequently overlooked is the specific designation of personal property to loved ones. A child’s biggest heartbreak occurs when mom or dad fails to bequeath an item of great sentimental value to the child. We are talking about pictures, books, a piece of furniture, etc. Often, this…