Articles Posted in Wills

Intestacy refers to the situation where an individual dies without a valid will, leaving their assets to be distributed according to the state’s laws. In New York, the laws of intestacy dictate that if an individual dies without a will, their next of kin would be entitled to the decedent’s estate. The distribution of assets according to the laws of intestacy may not align with the deceased individual’s wishes, highlighting the importance of having a valid will in place to ensure that their assets are distributed as intended.

The Matter of Estate of Rymanowski demonstrates the importance of adhering to the legal formalities for will execution. In New York, a valid will must be in writing, signed by the testator, and witnessed by at least two disinterested witnesses who sign in the presence of the testator. Failure to comply with any of these requirements can result in the will being invalidated and the estate being distributed according to the laws of intestacy.

Background

In this case the court was asked to interpret the meaning of “my children” in a case where the decedent had stepchildren who he never adopted.

Background

In this case, the decedent, Alfred Fellows, had executed a will in 1960, in which he bequeathed his estate to his wife, Florence Fellows, for her lifetime, with the remainder to his children. The will contained a provision stating that if Florence predeceased him, his estate was to be divided among his children. Florence predeceased Alfred, but she had three children from a prior marriage, who he had not adopted. The question before the court was whether these children were entitled to a share of Alfred’s estate.

In a will contest, the Surrogate’s Court concluded that although the testator had health issues, those issues did not impact his cognitive ability. Matter of Feggins, 2019 NY Slip Op 29277

In Matter of Feggins, the Surrogate’s Court was asked to determine whether a will should be invalidated because the testator’s cognitive ability was impaired. In New York, testamentary capacity is a crucial requirement for creating a valid last will and testament. Testamentary capacity refers to the legal capacity of an individual to understand the nature and consequences of creating a will. To meet this requirement, the individual must have a sound mind and be capable of comprehending the value and distribution of their assets. The individual must also have an understanding of the relationships with their family members and the impact of their decisions on their loved ones. Failure to meet the testamentary capacity requirement can result in the will being declared invalid, which can lead to disputes and legal challenges over the distribution of the individual’s assets after their death.

Background

In New York, a personal representative is a person who is appointed by the Surrogate’s Court to manage the affairs of a deceased person’s estate. This individual is responsible for handling the deceased’s assets, paying debts, and distributing the remaining assets to the heirs or beneficiaries of the estate. The personal representative can either be an executor, named in the deceased’s will, or an administrator, appointed by the court if no will exists. The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries.

Background

The case involves the estate of Howard Rothenberg, who passed away in 2016. Rothenberg was survived by his wife, Barbara, and two sons, Marc and David. Rothenberg’s will left his entire estate to his wife, but included a provision that stated that if she predeceased him, the estate should be divided equally between his sons. However, Barbara did not predecease the decedent.

Matter of the Estate of Perlman is a case that highlights the importance of complying with the legal requirements for executing a will, particularly when it comes to the role of witnesses. In New York, the requirements for witnessing a will are governed by Section 3-2.1 of the New York Estates, Powers and Trusts Law. A will must be signed by the testator (the person making the will) in the presence of at least two witnesses. The witnesses must also sign the will in the presence of the testator and each other.

Background

The case involves the estate of Mary Perlman, who passed away in 2013. Perlman executed a will in 2006, which was admitted to probate after her death. The will named Perlman’s sister as the executor and beneficiary of her estate, and also made provisions for several other beneficiaries. However, the validity of the will was called into question due to concerns about whether it had been properly executed.

Estate planning is an important process that allows individuals to ensure that their assets are distributed according to their wishes after they pass away. However, even with careful planning, mistakes can happen, and documents may not be executed exactly as intended.

In re Estate of Hallowell, 113 N.Y.S.3d 554 (App. Div. 2020) address the question of whether an unsigned will may be admitted to probate. The case is of particular interest because it demonstrates how New York courts may be willing to recognize informal wills that do not strictly comply with the requirements set forth in the New York Estates, Powers and Trusts Law (EPTL).

Factual Background

Under section 3-1.1 of the EPTL, a person has the capacity to make a will if they are at least 18 years of age and “are of sound mind and memory.” A person is considered of sound mind and memory if they have the ability to understand:

1. the nature and extent of their property;
2. the natural objects of their bounty (i.e., their family members and other beneficiaries);