Category: Estate Planning

A New York appeals court recently ruled that a bank’s claim against a Medicaid recipient’s property has priority over the state’s claim for Medicaid recovery because the bank’s lien was filed first. In re Estate of Shambo (N.Y. Sup. Ct., App. Div., 3rd Dept., No. 521174, April 7, Continue reading →

Probate can be easily avoided, but most estates are dragged through the process. Why? Many people fail to create an estate plan, so probate is required. And – others plan with just a Will, so probate is required. As a result, assets end up at the mercy of a probate judge, open to Continue reading →

There may be people close to you (spouse, parents, children) who are practicing financial behaviors that are unproductive or destructive. You want to help them get back on track, but you don’t want to come across as judgmental or condescending, or put them on the defensive.

The Key Continue reading →

A New York trial court recently, and correctly I might add, held that that an incapacitated woman was unduly influenced by her agent under a power of attorney.  The Court found that the testimony of an attorney who drafted a will for the woman on behalf of the agent did not carry much Continue reading →

A Google Consumer survey by USLegalWills.com suggests that previous surveys may have under-reported the number of Americans without a Will!

The key distinction was that previous surveys did not including those who have a Will that is out-of-date. Google’s new survey reported that 63% Continue reading →