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Channel: Probate Category Archives — New York Estate Planning & Elder Law Blog Published by New York Estate Planning & Elder Law Attorneys — Ettinger Law Firm
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The Basics: A Loved One Passed Away. Now What?

Estate planning attorneys work with families before a death to ensure the legal pieces are all in place for a smooth transition of assets free of conflict, tax savings, and the carrying out of one’s...

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Update: Gandolfini’s Estate Faces Huge Estate Tax Liability

Last week we discussed the recently unearthed will of former Sopranos star James Gandolfini. The document was filed with a Manhattan court late last month, with the actor’s assets being left to a wide...

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Tax Issues to Consider When Closing an Estate

When a person dies, someone else must step up and close the estate. If that responsibility falls to you, as an executor you must identify all of the estate’s assets, pay off creditors, and distribute...

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Court Applies Disentitlement Doctrine in Estate Lawsuit

This case centered on a dispute over the administration of a family trust as well as the interpretation of trust documents. Despite appealing the ruling, the defendant in the case violated court orders...

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Mentally Ill Man Kills Mother and Still Wants Inheritance

In 2010, John Armstrong killed his eighty year old mother, Joan Armstrong, by bashing her head in with a brick and then stabbing her body repeatedly to drain the body of blood. However, despite this...

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Back to the Basics – Probate Administration

        The death of a loved one is an especially traumatic event. Lives can be upended and surviving family members and friends can be left feeling lost and confused about how to carry on. This is...

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WRONGFUL DEATH LAWSUIT AS PART OF PROBATE ESTATE

PROBATE IS UNAVOIDABLE It is a fact of life that we can never plan for the worse case scenario and there is always risk in anything you do. The law recognizes this special risk, at least in part, in...

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Estate Planning and Former Spouses

Over half the marriages in the United States result in divorce. For many people, divorce ends up being one of the most difficult experiences in their life. As a result, when attorneys present a person...

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Trusts Create Order Out of Chaos

At Ettinger Law Firm, we are fond of saying “trusts create order out of chaos” — for three major reasons: First, as noted in previous columns, an ever-increasing number of Americans suffer a period of...

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You Cannot Disinherit Your Spouse

New York law prevents spouses from being disinherited. Instead, a spouse who is disinherited may go to court and claim their “elective share” which is the greater of fifty thousand dollars or one-third...

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