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Videotaping the Execution of a Will
Execution of A Will It's not uncommon, in New York and other jurisdictions, for dispossessed or unhappy heirs to allege that a will was executed under duress or undue influence. What if you videotape the execution of the will, so that there's visual evidence to...
Matter of Van Patten—Representation by Counsel
If I am an executor, administrator or trustee, do I need an attorney and who pays for it? Why spend the money? The answer is that you should. Since the duties of a fiduciary involve actions that required legal counsel, any non-attorney executor (or fiduciary) who...
An Executor’s Fiduciary Duty to Determine Fair Market Value of Property
Under the estate laws in New York, a person named in a will as an executor has certain "fiduciary duties." A fiduciary duty is essentially the requirement to act in the best interest of another party. The fiduciary duty owed by an executor is the duty to act in the...
The Impact of Undue Influence on Wills and Property Transfers
One of the more common allegations in estate litigation is the assertion that someone exerted undue influence on a decedent, either causing the decedent to transfer property before death to that person or to change a will or trust the benefit of the undue influencer....
What to Do When a Loved One Dies
When a loved one dies, the emotions you experience can paralyze you, causing you to neglect to handle some of the most basic tasks. That can complicate matters significantly.
Here’s a checklist of the steps you need to take following the passing of a loved one:
Protecting Your Right as a Spouse in a New York Estate
A Spouse's Right of Inheritance in New York Under New York law, when a married person dies, the surviving spouse has a "right of election," a statutory right to receive either $50,000 plus 1/3rd of the estate, whichever is larger. However, as set forth in an opinion...
The Need for a Will Might Be Prince’s Most Enduring Legacy
New York Estate Litigation Attorney Though family members, friends and lawyers say the search continues for any legal document governing the distribution of pop megastar Prince's hundreds of millions of dollars, sources close to the icon say that it's highly unlikely...
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