New York Probate and Estate Administration Blog

On March 12, 1992, Louis Rosen died in a mental facility in California, allegedly leaving behind his entire estate to Warren Silverman as his primary beneficiary. According to reports that reached New York Contest Will lawyer, the last will that was left by Rosen was written during the time when he was already determined to be mentally ill. This means that the Will naming Warren to be the primary beneficiary of Rosen’s estate is invalid according to existing laws. Also, according to the evidences presented at court by the other surviving relatives of Rosen, Warren and Warren’s mother Miriam exerted excessive influence to the deceased making them the only people who had access to Rosen’s financial resources four years before he died.

Four years before Rosen died, Miriam already moved into Rosen’s apartment and took care of everything for him, including his financial affairs. This was confirmed by Rosen’s accountant because he claimed he personally saw Miriam “bossing” Rosen around. He also claimed that Miriam had access and even had control over Rosen’s bank account including his personal checks. This is one of the reasons why Rosen’s other relatives have filed a case against Warren saying that the only reason why Rosen had named him primary executor and beneficiary of all his estate was because of the influence of his mother Miriam over Rosen at the time Rosen was already mentally unstable.

The court also believed, upon seeing the evidences presented that Rosen was indeed under no mental condition to knowingly decide for himself anymore. Reports that reached a New York Estate Attorney that there are several accounts when Rosen was found lost and only in his underwear by the local police. The last time they were able to find him was in 1990 where he was taken to a nearby hospital for treatments. Friends and relatives also noticed the changes in Rosen’s behaviour, saying he was already incapable to keeping his personal hygiene. It was actually during this time when Miriam moved in and took care of everything for Rosen. It was also during this time, according to New York Estate lawyer when Rosen made deposits, supposedly gifts to Miriam’s children amounting to almost $10,000 each. After that, he allegedly made a transfer of a staggering $1.5 million to Warren and Miriam. These supposedly cash gifts and other properties left by Rosen to Warren are what the other relatives of Rosen are now objecting to.

In 1991, Rosen was diagnosed with advanced dementia, rendering him mentally invalid to make sound decision for himself. This also established that back in 1988, he was also in no mental health condition to determine whether his actions were right or wrong. It was Miriam who was there with him thereby establishing that she can and had already used her influence on him. He was already incapable to sound decision and judgement.

Warren however objected to these accusations saying the cash “gifts” were valid and legal according to existing laws. The trial lasted for nine days with dozens of evidences presented in favour of Warren as well as the relatives who filed for complaint. After careful evaluation of all evidences presented the court denied the motion to summary judgement in favour of Warren. Courts in Nassau and Suffolk Counties have been watching this case.

Continue reading "Warren to be the primary beneficiary of Rosen’s estate" »

The late Anna Nicole Smith brought democrats and republicans together in her historical and controversial lawsuit, claims a New York City Probate Lawyer.

Smith had been married to billionaire J. Howard Marshall II for less than a year when he died. She claimed that he had promised her millions of dollars even though reports show he had cut the star out of his Will.

Smith reportedly tried to use her bankruptcy claim to over ride her late husband’s will and went on to claim that his son had manipulated the situation so he and the rest of the family would receive more money.

After the first round of verdicts on this case with just one judge, that ruled in Smith’s favor to the tune of $450 million, it became clear to court officials and liberals and conservatives the importance “That the constitutional guarantee that lawsuits will be decided by a fully independent and impartial judge.”

The second round of trials in Texas was more traditional with witnesses and an atmosphere that called Smith a liar basically. New York City Probate Lawyers called this trial “Hollywood style.” This would not be the case if this took place in Nassau or Suffolk County.

With this, new representation has been hired, “Mr. Davis, a liberal and former counsel to a Democratic president; Mr. Rivkin, a conservative and former counsel to a Republican president,” said a New York Estate Planning Lawyer.

Liberals, conservatives and the Supreme Court hope to find common ground with this case and make the right decision, concluded a Lawyer.

Continue reading "Liberals and conservatives can agree? New York Estate Planning Lawyers give their take." »