Inheritance Rights of Posthumously Conceived Children

Thanks to the advancement of technology, couples who are suffering through infertility now have a chance to get pregnant. The most widely known treatment is in vitro fertilization. Through this method, there is a chance for children to be born after one or both parents die. This presents a whole new set of legal ramifications, […]

You May Need a Lawyer: New York Fiduciaries Can’t Represent Themselves in Surrogate’s Court

Estate executors and administrators are not allowed to represent themselves in New York’s Surrogate’s Courts. The general rule is that non-attorney individuals are permitted to represent their own interests in court – this is known as proceeding pro se. However, the rule only applies where you are representing your own interests and not that of […]

Children of Decedent Fail to Defeat Presumption that Father’s Later Marriage is Valid

The decedent’s surviving spouse, Aquije, filed a petition for letters of administration with the Nassau County Surrogate’s Court. The decedent’s children from a previous marriage filed objections alleging that their father’s first marriage in 1969 in Chile was never dissolved, hence, the marriage to Aquije was not valid.

Executor Held Liable for Breach of Fiduciary Duty – Lack of Due Diligence in Sale of Real Property

The executor, Mahler, entered into a contract to sell the estate’s real property with Basile, the executor’s personal acquaintance. The real estate agent, Azzato, was also an acquaintance of the executor. Basile purchased the property for $670,000 and sold it three days later for $1.3 million.

Attorney Ordered to Return $256,000 To Estate Administrator

I recently represented the Administrator of a Kings County estate in litigation against his former attorney. The attorney had represented the Administrator in the sale of estate real property and deposited the proceeds in his attorney escrow account.