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{ Monthly Archives } March 2009

Family Feud Over Estate Nears an End After 25 Years (NYTimes)

The New York Times published an interesting piece yesterday by Charles V. Bagli, Family Feud Over Estate Nears an End After 25 Years. The article begins: For nearly 30 years, Evelyn and Diana Sakow believed that their father, a small-time real estate broker and developer from the Bronx, had died broke and without a will [...]

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Estate planning during a recession

For an article on some estate planning considerations (and reconsiderations) during a recession, see Smaller Though It May Be, It’s Time to Look at the Estate, by Paul Sullivan, New York Times, 3/20/2009. Excerpts from the article: The biggest issue, given both the recession and the flux in federal estate tax laws, is whether wills [...]

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French forced heirship law vs. New York public policy

According to a July 29, 2007, article in the New York Post:   The jilted heir of storied Lazard Freres investment banker Andre Meyer, who advised Jackie Onassis, LBJ and William Paley, is making a desperate grab for his mother’s spent estate by invoking French probate law in a Manhattan court. Patrick Gerschel, 61, the grandson [...]

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Risks of stranger-originated life insurance policies (SOLI or STOLI)

Stranger-originated life insurance policies are pitched as cost-free and risk-free for the insured, but they actually pose significant risks.

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Power of attorney created under the old New York statute still valid after 9/1/09

A valid New York power of attorney created prior to September 1, 2009, will remain valid after September 1, 2009. The agent does not have to be re-appointed using the new statutory short form.

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Litigation over stranger-originated life insurance policies (SOLI or STOLI)

The New York Law Journal recently reported on a case involving a life insurance company’s refusal to pay a death benefit on a policy it considered a “stranger-originated life insurance” policy (known as SOLI or STOLI policies). In ruling on a motion to dismiss claims in Phoenix Life Ins. Co. v. Irwin Levinson Ins. Trust [...]

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Estate Planning, Halacha and the Jewish Law of Inheritance

The question of whether wills are recognized by Halacha involves some of the fundamental concepts of Halacha (Jewish law) under a secular legal system. Rabbinic responsa regarding specific conflicts between the Jewish Law of Inheritance and the law of the land date back at least 700 years to a famous responsum by the Rashba (Rabbi [...]

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Debt Collection Chicanery

The New York Times reported several days ago on what it calls the “newest frontier in debt collecting”: calling the decedent’s relatives and seeing if they will voluntarily pay the decedent’s debts. The article reports that the agencies report that lots of people are very happy to pay up. I have no doubt that many [...]

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