Surrogate Calvaruso of Monroe County issued a decision in Matter of Feller on January 4, 2010, worth reading for its succinct summary of some of the burdens of proof and presumptions that have to be overcome to survive summary judgment in a will contest.
In Feller, the decedent’s will left her estate to 10 charities and [...]
Should the Brooke Astor case be a criminal proceeding, or is it better off as a routine will contest?
Tagged Alzheimer's, Brooke Astor, dementia, Elder Law, Estate Litigation, Surrogate's Court, testamentary capacity, willsThe issue is the mental state at the moment the will was signed, not the testator’s overall mental decline. A diagnosis of dementia may be an important indication, but it is not necessarily conclusive.
Tagged Alzheimer's, dementia, Elder Law, Estate Litigation, testamentary capacity, willsThe 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 in 1956. [...]
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 of Meyer, [...]
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