When a person dies leaving a Last Will and Testament, it is necessary to have the Will admitted to probate. This is typically the situation where a decedent dies and there are assets held in the decedent’s name alone. The New York Probate Lawyer Blog has published many articles concerning the probate process.
Probate & Estate Planning
A man trying to recover a hard drive containing $750 million of bitcoin from a landfill just had his latest bid rejected
James Howells, a British man who accidentally discarded a hard drive containing 8,000 bitcoins in 2013, has faced another legal setback in his decade-long quest to recover it. The hard drive, now worth approximately $757 million, is believed to be…
Why Do People Say That Life Insurance Is a Scam?
According to the latest 2024 Insurance Barometer Study, half of Americans report having life insurance, but a record-high 42% — or 102 million people — say they need life insurance, or more of it. So what’s holding them back?
Of those surveyed, 44% admitted to being only somewhat knowledgeable about types of life insurance, while…
After Sveen v. Melin, Is There a Contracts Clause Argument Against Laws Retroactively Terminating Child Support Obligations After the Death of the Obligor Parent?
Millions of children in the United States benefit from child support agreements, which establish enforceable financial obligations against a payor parent, often following divorce. Historically, under common law, the death of an obligor parent terminated these obligations, leaving the supported…
What’s a “convenience account” and why should probate attorneys care?
In today’s world the vast majority of inherited wealth gets transferred from one generation to the next via nonprobate “will substitutes” that are not subject to the costs and delays of a court-supervised probate proceeding, are not controlled by a person’s will, and are not governed by our probate code. Known as the nonprobate revolution, it’s a trend…
Should I leave a beneficiary’s inheritance in trust?
Often times clients will come in and ask “Do I need a trust?” The answer is, it depends. A less common, but often equally important question is “Should I leave my beneficiary’s inheritance in trust?”
What do I mean by that? Well, when you die your estate plan might leave assets to your beneficiaries outright.…
Wife of late Padres owner Peter Seidler sues for control of team
Sheel Seidler, the widow of San Diego Padres chairman Peter Seidler, has filed a lawsuit against her late husband’s brothers, Robert and Matthew Seidler, accusing them of fiduciary breaches and self-dealing as executors of Peter’s estate. She claims they ostracized…
Testamentary Freedom: A Constitutional Perspective
As the 2024 Legislative Session in Oklahoma concluded, the House Judiciary Committee recommended HB 3505, a bill addressing the validity of estate planning instruments for individuals diagnosed with Alzheimer’s, dementia, or other cognitive impairments. The proposed law would invalidate any…
What Dr. Ruth Left Behind
Dr. Ruth Westheimer, who passed away in July at the age of 96, was widely celebrated as a pioneering sex therapist and cultural icon who revolutionized how society discusses intimacy. Beyond her professional achievements, she was a self-proclaimed “pack rat”…
Article: Anna Nicole’s Constitutional Estates Law Legacy
Dave Fagundes recently published, Anna Nicole’s Constitutional Estates Law Legacy, ACTEC Law Journal, Fall 2024. Provided below is an Abstract: If you were alive in the early 90s and even remotely cognizant of popular culture, you remember the billboard. It…