Construction of Wills and Trusts

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In a prior post, Robert Harper explained the law on the disposition of human remains in New York. This week he follows up on that topic, discussing a recent Nassau County Supreme Court decision, Matter of Grace D. There, the court addressed a disagreement among the decedent’s family members as to the disposition of her remains.
Continue Reading More Tales from the Crypt: The Right of Sepulcher, Decedent’s Intent and Disposition of Human Remains

In Matter of Gilmore, the Second Department addressed the unusual situation of the inheritance rights of children who had been born prior to the execution of their father’s Will, but whose existence was unknown to their father until after his Will had been executed. Jack Barnosky discusses the case in our most recent entry.
Continue Reading “After Acknowledged Children” Denied Inheritance Rights

If you don’t like dog puns, you might want to stop reading now.

Hotelier and real estate magnate Leona Helmsley loved dogs and she made no bones about it. Leona Helmsley left $12 million in her will in trust for her dog, Trouble. And, although Surrogate Renee Roth reduced the trust to $2 million, that amount should still be sufficient for Trouble to live, well, a dog’s life for her remaining years. (After all, Trouble’s annual living expenses have been estimated at only $180,000.)

The amount of the Trouble Trust, however, pales in comparison to the full amount of the charitable trust Mrs. Helmsley created — valued at between $5 billion and $8 billion. In a two page “mission statement,” Mrs. Helmsley expressed her desire that the money be used for the care and welfare of dogs. (Actually, it has been reported that she initially stated that the money should go to poor people and dogs, but she later turned tail on poor people, dropping them from the list.)

 Continue Reading Leona’s Wishes May be Thrown To The Dogs