Occasionally, our clients inquire as to whether a real estate transaction could be considered a fraudulent conveyance. This situation can occur when an individual or entity transfers property due to a judgment or pending judgment, in an attempt to evade creditors. In New York, a judgment is a lien on real…
Articles Posted in Estate Administration
Can a Promise to Make a Will Be Enforced in New York?
From time to time our firm is asked if a promise to make a Will leaving one’s inheritance to a particular person is enforceable. Such promises occur in the following situations. A relative spends a lot of time with another, perhaps even doing substantial favors for the person, who repeatedly says…
Getting Engaged this Valentine’s Day?
Are you planning to get engaged this Valentine’s Day? While legal concerns may not be particularly romantic, our firm offers the following legal advice pertaining to issues that arise upon marriage in this post. Legal issues arise whether it is a first or second marriage and may become more complicated if…
New Yorkers Need Estate Plans for Their Disabled Children
Some of our trust and estate clients have adult children who are disabled. The child may have been born with a disability, such as cerebral palsy, making the parents accustomed to allowing for the disability while knowing that such disability will never go away. In the alternative, the disability may…
Have You Included Your Pet in Your Estate Plan?
Some of our trust and estate clients have asked us how to best protect their beloved pet in the event of their disability or demise. Pets can be just as important as children when planning one’s estate. These family members can be adequately provided for in a legal fashion. Traditionally, pets have…
Dying Alone- The Legal Issues Raised
The New York Times recently published an article concerning the scenario that many New Yorkers fear. Having lost personal and professional connections to relatives and friends, some people unfortunately die alone. Since these people are not missed, days or weeks could go by before odors emanate from their home and…
Stock Transfers After Death
It is not unusual for the estate of a deceased person to hold stock as an asset. Stock can take the form of shares held in a publically traded company, such as Target, or shares in a cooperative corporation. Clients often ask us how such shares can be transferred after…
Where Will You Be Driving This Memorial Day Weekend?
After another harsh winter in New York, many of us are looking forward to getting away this Memorial Day weekend. Those of us who are driving may have acquired the vehicle from an estate. This post will address estate issues as they pertain to cars and other vehicles. As many…
The Spring Real Estate Market- Timing is Everything
In the New York metropolitan area, the residential real estate market is often seasonal. During the holidays between Thanksgiving and New Years Day, most sellers do not list their properties for sale or may remove their home from active listing status. During the winter months, most buyers are reluctant to…
The Disposition of Housing of the Deceased
Many people who pass away also leave behind the place in which they resided. The housing could be a rental apartment, a cooperative or condominium unit, or a house. The deceased may not necessarily have resided in the property immediately before death if they went to assisted living or a…