NY Surrogate’s Court is the court is where all matters relating to Wills and Trusts are determined. The Surrogate is the title of the judge in this particular court, and each county in New York has at least one Surrogate (New York County, covering Manhattan, has two Surrogates). The NY Surrogate’s Court handles, among other […]
Yes, under certain circumstances. However, the cost savings of an attorney’s fee may not be worth the risk of having your will invalidated. A will is nuncupative when it is unwritten, and the making thereof by the testator and its provisions are clearly established by at least two witnesses. A will is holographic when it […]
An objectant is one who files objections to the probate of a propounded will.
A testator ( or testatrix for a female) is a person who has written and executed a last will and testament that is in effect at the time of his/her death.
The New York Mental Hygiene Law Article 81 Guardian of a 92-year-old incapacitated person (IP) brought an emergency show cause order to withhold consent to the IP’s intubation with a feeding tube and the granting of “Do Not Resuscitate” and “Do Not Intubate” orders. The IP’s treating physician testified that the IP had mere weeks […]
Sister filed a petition to be appointed the NY Article 81 Guardian for the person and property of her brother, an alleged incapacitated person. A psychiatrist reviewed nursing home and hospital records, and evaluated him. The doctor opined that he lacked capacity to manage his personal needs and finances, and required the appointment of a […]
Mr. M. moved to the Bronx, NY from Florida after the death of their parents to care for his sister, a shut-in who had not been outside of her home for 40 years and had not been bathing or changing her clothes. Although he had engaged home care services for her, he could not provide […]
Attorneys Robert Friedman and Michael Ranzenhofer were successful in having a power of attorney revoked. Our client’s mother, while competent, had designated her adult daughter to serve as her power of attorney and health care proxy. The daughter used her mother’s credit cards, automobileand bank accounts for her own personal use. A Mental Hygiene Law […]
As part of the Art 81 proceeding, petitioner sought to establish that the AIP lacked capacity when she entered into a reverse mortgage and also that she has signed the agreement under duress. The court shifted the burden of proof to the lender to show that the lender has complied with its duty under the […]