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 [...]
An article I wrote on yerusha (Jewish Laws of Inheritance) and halachic estate planning was published in the October 2009 issue of Community Magazine.
See The Top 10 Questions & Answers About Wills, Inheritance & Halacha. If you’re concerned about halacha, you should, at the very least, have a will.
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Should the Brooke Astor case be a criminal proceeding, or is it better off as a routine will contest?
Also tagged Alzheimer's, Brooke Astor, dementia, Elder Law, Estate Litigation, Surrogate's Court, testamentary capacityThe 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.
Also tagged Alzheimer's, dementia, Elder Law, Estate Litigation, testamentary capacityFor 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 already drawn [...]
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