The capacity requirement to execute a will is a minimal standard, it is lower than the requirement for other legal documents: less capacity is required to enable one to make a will than to make other contracts. Capacity is evaluated by three factors: whether decedent understood the nature and consequences of executing a will, whether […]
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 […]
While I’m attending social events in New York, I introduce myself as a New York Estate and Elder Law Attorney and I’m often asked “What is Elder Law?” Typically I respond that Elder Law is a somewhat new field of law that centers its attention on family issues, financial, legal, medical and social issues for […]
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