A son sued his mother and sister alleging that his sister used duress and undue influence to cause their elderly and ailing mother to transfer her New York assets to her. He claimed that this transfer frustrated his mother’s expressed intent to give her assets equally in her will to her two children. He alleged […]
Category Archives: Rochester NY Elder and Estate Law
Over the past year, you may have heard about New York Medicaid recovery against a deceased nursing home patient’s jointly held property, retained life estates and interests in trusts.In 2011, New York legislation, administrative directives and emergency regulations expanded the definition of the “estate” that was subject to recovery by Medicaid (EER). That law was […]
In a proceeding challenging the validity of certain trusts and transactions involving the decedent’s assets that occurred shortly prior to his death, the petitioner, who was the surviving spouse and limited administrator of the decedent’s estate, sought an order directing, the resumption of the respondent’s deposition and compelling him to respond to certain questions. During […]
The New York estate of a deceased woman may not sue her long-time domestic partner for half of the payments the deceased woman made toward the purchase and upkeep of their shared home, the New York Appellate Division, Second Department has ruled. The deceased woman, Susan, and the defendant, Charles, bought a vacation property in […]
As a New Yorker, age 60 or older, you may be missing out on dollar benefits and community services. In the free New York State Bar Association pamphlet, 17 Benefits for Older New Yorkers, you’ll find important facts: how finances and age affect eligibility and little-known rules regarding eligibility. Each county in New York State, […]
Rita Stein, on behalf of herself and as executrix of the estate of her deceased husband Milton, brought an action against the County of Nassau, the Nassau County Police Department, and four emergency responders. She claimed that the emergency responders violated her and her husband’s Fourth, Fifth and Fourteenth Amendment constitutional rights and committed the […]
Sister filed a petition to be appointed the NY Article 81 Guardian for the person and property of her brother, an alleged incapacitated person. A psychiatrist reviewed nursing home and hospital records, and evaluated him. The doctor opined that he lacked capacity to manage his personal needs and finances, and required the appointment of a […]
The New York Mental Hygiene Law Article 81 Guardian of a 92-year-old incapacitated person (IP), brought an emergency show cause order to withhold consent to the IP’s intubation with a feeding tube and the grantingof “Do Not Resuscitate” and “Do Not Intubate” orders. The IP’s treating physician testified that the IP had mere weeks or […]
A woman died at the age of 94 survived by a sister. Her alleged will nominated Bill as executor and bequeathedthe bulk of her residuary estate to him. Bill was approximately 40 years the decedent’s junior. He was not related to her and was her self-described care provider. TheKings County, New YorkSurrogate found that Bill […]
The Nassau County New York Supreme Court appointed the alleged incapacitated person’s (AIP) niece, Grace, as New York Mental Hygiene Law Article 81 Guardian for his personal needs and his sister, Vita as a Co-Guardian for property management. When the AIP died, Grace and Vita disagreed regarding the disposition of his remains. Vita wished to […]