Probate & Estate Planning

A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is precluded from making an alternative disposition, either during lifetime or upon death. This blog post discusses Schwartz v Bourque, 2017 NY Slip Op 31621(U) (Sur Ct, Nassau County June 14, 2017), a recent decision involving an agreement to make a testamentary disposition as to a specific parcel of real property, a later agreement between the same parties concerning that property (that was alleged to have superseded the earlier agreement), and a deed transferring that same property which was contrary to the terms of the earlier agreement, but not the later one. View Full Post
The last time the Missouri State Board of Embalmers and Funeral Directors took up the issue of preneed seller record keeping requirements, the staff proposal emphasized a contract ledger approach.  The proposal sought to require a contract record that reflected the amount and date of each payment received and the corresponding dates and amounts deposited to trust, joint account or insurance.   View Full Post
Doctors Who Disobey Health Care Agents in California May Be Liable for Elder Abuse A recent California appellate case, Stewart v. Superior Court (2017) 16 Cal.App.5th 87, validates the primacy of medical powers of attorney and (as they are more currently known) advance health care directives.  Medical providers who disregard the instructions of duly-appointed health care agents by providing unauthorized treatment may be liable in California for elder abuse in addition to medical malpractice. View Full Post
Blatant self promotion: Contentious Trusts and Estates SIG Elections – Vote by Friday, December 1, 2017 My firm’s developed specialized experience in cross-border estate matters, and in connection with that work I’m a member of the Miami branch of the Society of Trust and Estate Practitioners (STEP), a worldwide association of trusts and estates professionals, and STEP’s litigation arm, referred to as the Contentious Trusts and Estates Global Special Interest Group. View Full Post