Manhattan

Published on: January 23, 2012

Court Rules on Will Contest Matter

by Stephen Bilkis

The petitioner filed an appeal with the Surrogate Court to require payment of a legacy. Ms. Schlanger was to receive 4% of the remaining estate after taxes and fees of the decedent. She claims that if the part, which is $10,000, is not paid to her account most likely she will not be able to enjoy any of it. She is saying she is old and needs the legacy. A New York Probate Lawyer mentioned that the petitioner said the other beneficiaries have received their legacies.

The answer given by the executor of decedent’s estate is that the petitioner in not entitled to be paid because she violated the terrorem clause of the last will and testament. The will stated in the sixth paragraph of the will that if any of the beneficiaries or people mentioned in her will contests or does an act to contest the will, they will forfeit their right the bequest. It further states that if they testify against the probate of the will, then they will lose their right to the legacy. Their part will be, in effect, put back to the remaining interest and shared by the other recipients.

In the response, it is alleged that the petitioner violated in two ways. She tried to have the decedent declared incompetent when she was still alive. This was the first instance. The second instance is in the probate proceedings, where even if she did not appear to contest herself, she conspired with another to have the will disallowed. This, said a New York Will Contest Lawyer can be considered as a violation to the terrorem clause.

Published on: January 23, 2012

The probate decree allows this application to be made after the decree has been final.

by Stephen Bilkis

A proponent of a will, petitioned the court to charge the person objecting to the will personally. The probate decree allows this application to be made after the decree has been final.

A New York Probate Lawyer said that when a person files an objection to a last will and testament in good faith and with reasonable grounds, he is entitled to have his protest investigated without him bearing the cost. There was a previous case whereby the Appellate Court reversed a decision of a surrogate court for an objectant to be charged personally because there was some evidence that supported his objection to the lack of testamentary capacity and to negative bad faith. This was in the Coddington will.

Good faith is mainly reliant on whether there is a considerable basis for a contest of a will. The court cited some examples, like with the Kurowski’s will, where the court charge the cost of the contest personally to the objectant because she had a sworn data that validates the will she is contesting. The Roger’s estate was mentioned by Manhattan Probate Lawyers because the court assigned the cost to the person who contested because there was no evidence to support his claim. This is not the sole basis for imposing the cost to an unsuccessful contestant.

Published on: January 18, 2012

Court Rules on Alleged Misconduct of Co-Conservator

by Stephen Bilkis

Two individuals and a trust company submitted a counter-application regarding the preliminary letters sent to them for the last will and testament of the decedent. In the will submitted by to the court for probate, one individual and the trust company were named as executors. In their petition, the petitioner’s eligibility to serve hold and oversee the assets of decedent is questioned. A New York Probate Lawyer said that the company is agreeing to act alone and not together with the petitioner.

The trust company alleges misconduct on the petitioner’s part while acting as the decedent’s attorney-in-fact and co-conservator while she was alive. An attorney-in-fact is a person who is legally authorized to transact business-related transactions in behalf of another. A conservator is a person appointed by court to oversee and mange the financial affairs of a person who is considered as under a legal disability. It is also required that part of the financial accounting is submitted for review. It is said the petitioner did not submit his records to his co-conservators, including the documents and assets of the decedent. He is also charged with preventing access to the decedent’s apartment, drawing checks that are payable to himself or cash, and wrongful investment of funds owned by the decedent in Great Britain.

The court states that if there is a good cause it may reverse the instruction of a will to make a person an executor of the estate. In the preliminary letters issued, it is required that it is in its original form. This does not remove the court’s authority for a wise discretion in determining who will be part of the execution of the will. A Manhattan Estate Litigation Lawyer said that leaving out a person named in a later will do not require a full hearing. It can be determined with affidavits as a basis or through a summary hearing. The court says that they prefer to avoid a contest within a contest. The legislature also wants an uncomplicated probate hearing. This is to save on cost and time for the court, and the parties concerned.

Published on: September 12, 2011

Tax Reform News for Inheritance

by Stephen Bilkis

Senators recently detailed more of their plans to reform the tax system at the Heritage Foundation. Some of the things that they mentioned were liked, while others were not appreciated. The New York Estate Lawyer mentioned that the recent set of reforms will form a basis for many future reforms.

Conservatives aren’t however completely convinced that the new bill is a good idea. There have been many questions from the audience noted the New York Probate Lawyer. Many of the questions concentrated on the anti-estate tax movement. Many Conservatives are against the changes related to tax on probate cases.

Nobody likes paying taxes; it’s just something that everyone will have to put up with. For the reforms to succeed they will need to have bipartisan support. This is a bipartisan bill which should greatly improve the chances of creating something that people will appreciate.

Published on: July 14, 2011

Let your iPhone help you have a smoother tax season, a New York Estate Planning Lawyer declares

by Stephen Bilkis

With the tax season upon Americans, it is time to figure out your gross income and taxable income and home you do not have to pay the IRS any taxes. Let your iPhone help you as you work through your w-2s. There are several iPhone apps that can make the process easier, a New York Estate Lawyer said.

Try the app created by the IRS they. The IRS2GO is where you can review your tax refund. You can also look up tax tips if you have any questions about filing or procedures. Filing taxes does not always have to be tricky, commented a New York Probate Lawyer. The app is free to use.

H&R Block also has an iPhone app that will help you through the entire tax process. Tax Central was available last year but has recently been updated to help you with all of your questions. The Tax Central app is the place to go if you have any tax questions. You can also check your tax liability, a New York Estate Planning Lawyer mentioned. The H&R Block app is free to download.