In our latest entry, Lou Vlahos continues his discussion of tax considerations in connection wtih probate contests, addressing potential consequences of a settlement on marital and charitable deductions, and gift and income taxes.
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Tax Considerations in Will Contests
In our latest entry, Lou Vlahos provides an informative summary of estate tax issues that arise in the context of a probate contest.
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The Psychiatric Expert in Probate Proceedings
In our latest entry, Hillary Frommer discusses the probative value of testimony from psychiatric experts on testamentary capacity in probate proceedings.
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When a Black Letter Rule Meets a Gray Area: the “Slayer Rule” and the Insanity Defense
In a 2010 criminal proceeding, Leatrice Brewer admitted to drowning her three children in a bathtub, and entered a plea of “not responsible by reason of mental disease or defect.” Now, in the related Surrogate’s Court proceeding pending in Nassau County, the administrator of the children’s estates has requested application of the “slayer rule” to prevent Ms. Brewer from benefitting from her actions. Spencer L. Reames discusses the case, and the possible boundaries of the slayer rule vis a vis the insanity defense, in our latest entry.
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Exploring Abandonment in the Context of a “Marriage of Convenience”
In our latest entry, Spencer Reames discusses a recent decision emanating from New York County Surrogate’s Court, addressing spousal abandonment in the context of a “marriage of convenience.”
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Standing of “Potential Heirs” to Sue for Their Parents’ Assets
Estate litigation oftentimes arises when parents favor one or more of their children over others in their estate plans. Fortunately, at least for the parents, they typically do not have to deal with the issues involved in the litigation, as they are deceased by the time that it arises. As the Second Department’s decision in
Court Awards Compensatory and Punitive Damages, and Attorney Fees, for Fraud in Probating Will
Having been adjudicated in both the criminal and civil forums, Castor v. Pulaski addressed the disturbing scenario of a wife murdering her husband, and thereafter forging his will so as to obtain all of his property. John Morken dicusses the civil case in this week’s entry.
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Issues of Undue Influence
One of the most common objections in probate contests is the allegation that the propounded instrument was a product of undue influence. In our latest entry, Ilene Cooper reflects upon two decisions from 2011 in which the Surrogate’s Courts of New York and Kings Counties addressed such claims, which arose from contrasting fact patterns.
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Who are the Distributees?
Administering the estate of a decedent who dies intestate is sometimes more complicated than one of a decedent who dies leaving a will. The distributees of an intestate decedent are often unknown, leading to citation by publication and a kinship hearing with respect to anyone who appears alleging to be an heir. Frank Santoro discusses these situations in our most recent entry.
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19 Year-Old Instrument Denied Probate as Ancient Document
In a recent case emanating from Nassau County, Surrogate McCarty denied an uncontested application to probate a nineteen year old will under the common law “ancient document rule.” Jaclene D’Agostino discusses the decision in our latest entry.
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