Separating Estate Plans after a Divorce

There are many things that you must sort out and put back together after a divorce, but you should not put off separating your estate planning documents. It is vitally important that you update all of your relevant estate planning materials that kick in after your death once you divorce to avoid having assets from […]

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 […]

Understanding the Law: What Happens to Debts When You Die?

Everyone who creates an estate plan is considering what assets that they want to pass on to their heirs when they die. However, many do not consider what happens to your debts when you pass away. Whether or not your loved ones will be responsible for your debts depends on your estate and the types […]

Deciding Domicile for an Estate: Residence versus Domicile

The estate details of famous actress and comedienne Joan Rivers are largely unknown. The public is aware that she left her $150 million estate to her family, friends, employees, and charities but the provisions are largely unknown because they were placed into a blind trust. However, her will became public when it passed through probate, […]

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.