New York Probate and Estate Administration Lawyer Blog
On March 12, 1992, Louis Rosen died in a mental facility in California, allegedly leaving behind his entire estate to Warren Silverman as his primary beneficiary. According to reports that reached New York Probate Lawyer, the last will that was left by Rosen was written during the time when he was already determined to be mentally ill. This means that the Will naming Warren to be the primary beneficiary of Rosen’s estate is invalid according to existing laws. Also, according to the evidences presented at court by the other surviving relatives of Rosen, Warren and Warren’s mother Miriam exerted excessive influence to the deceased making them the only people who had access to Rosen’s financial resources four years before he died.
Four years before Rosen died, Miriam already moved into Rosen’s apartment and took care of everything for him, including his financial affairs. This was confirmed by Rosen’s accountant because he claimed he personally saw Miriam “bossing” Rosen around. He also claimed that Miriam had access and even had control over Rosen’s bank account including his personal checks. This is one of the reasons why Rosen’s other relatives have filed a case against Warren saying that the only reason why Rosen had named him primary executor and beneficiary of all his estate was because of the influence of his mother Miriam over Rosen at the time Rosen was already mentally unstable.
The court also believed, upon seeing the evidences presented that Rosen was indeed under no mental condition to knowingly decide for himself anymore. Reports that reached a Long Island Probate Lawyers said that there are several accounts when Rosen was found lost and only in his underwear by the local police. The last time they were able to find him was in 1990 where he was taken to a nearby hospital for treatments. Friends and relatives also noticed the changes in Rosen’s behaviour, saying he was already incapable to keeping his personal hygiene. It was actually during this time when Miriam moved in and took care of everything for Rosen. It was also during this time, when Rosen made deposits, supposedly gifts to Miriam’s children amounting to almost $10,000 each. After that, he allegedly made a transfer of a staggering $1.5 million to Warren and Miriam. These supposedly cash gifts and other properties left by Rosen to Warren are what the other relatives of Rosen are now objecting to.
In 1991, Rosen was diagnosed with advanced dementia, rendering him mentally invalid to make sound decision for himself. This also established that back in 1988, he was also in no mental health condition to determine whether his actions were right or wrong. It was Miriam who was there with him thereby establishing that she can and had already used her influence on him. He was already incapable to sound decision and judgement.
Warren however objected to these accusations saying the cash “gifts” were valid and legal according to existing laws. The will contest trial lasted for nine days with dozens of evidences presented in favor of Warren as well as the relatives who filed for complaint. After careful evaluation of all evidences presented the court denied the motion to summary judgement in favor of Warren.
Nobody understands how important your properties and your estate are for you than the Westchester County Probate Lawyers. They know that you have worked hard to achieve these things and they represent your life’s work and achievements.
Stephen Bilkis and Associates together with their legal team have already established convenient office locations throughout New York’s Metropolitan areas to be able to serve you best. We are ready to give you legal advice on your properties and estate issues to give you peace of mind that your assets will remain with you and your loved ones at the most cost effective way.