Tag Archives: wills

Will contests: surviving summary judgment

Posted on January 7, 2010 by Saul Elnadav

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 … Continue reading →

Share/Save
Posted in Estate Litigation | Tagged , , | Leave a comment

Article on Wills, Inheritance & Halacha in Community Magazine

Posted on October 14, 2009 by Saul Elnadav

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 … Continue reading →

Share/Save
Posted in Basics, Estate Planning, Halacha | Tagged , , , , | Leave a comment

Testamentary capacity and undue influence in criminal proceedings

Posted on June 24, 2009 by Saul Elnadav

Should the Brooke Astor case be a criminal proceeding, or is it better off as a routine will contest? Continue reading →

Share/Save
Posted in Elder Law, Estate Litigation | Tagged , , , , , , , | Leave a comment

Dementia and the question of testamentary capacity

Posted on May 11, 2009 by Saul Elnadav

The 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. Continue reading →

Share/Save
Posted in Elder Law, Estate Litigation | Tagged , , , , , | Leave a comment

Estate planning during a recession

Posted on March 23, 2009 by Saul Elnadav

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, … Continue reading →

Share/Save
Posted in Estate Planning | Tagged , , , | 1 Comment