Believe it or not, in New York, it is still possible to admit a will for probate even where the original will is lost and/or where no signed copy exists. Whether trying to admit a draft or copy of a will or where there is no physical draft at all, SCPA Sec. 1407 provides that the… Read More »
When a Last Will & Testament (LW&T) is offered for probate, it does not enjoy any presumptions of having been validly executed. Instead, the proponent of the LW&T has the burden to prove, by a preponderance of evidence, that the LW&T was executed with all the formalities required under NY Law. Elements of Due… Read More »
There are two types of divorce: fault and no-fault. As of 2010, the state of New York no longer requires fault “grounds” for divorce. In other words, couples can file for a no-fault divorce under the condition known as “irretrievable breakdown.” All that is required is that one spouse affirm, under oath, that the parties’… Read More »
There are a number of reasons one may object to a decedent’s Last Will & Testament (LW&T) being admitted for probate. Normally, a person will object because of financial reasons. They would receive more from an estate under either a prior LW&T or if a successful objection leads to the estate being probated as an… Read More »
Children often have a difficult time when their parents decide to dissolve their marriage. Kids find divorce sad, stressful and confusing. However, if the marriage is not working out, divorce is probably the best option for all parties involved. While you and your ex-spouse try to figure out spousal support, custody, child support, visitation, assets… Read More »
Marital property refers to all property acquired by a couple during their marriage. Liquid cash, investments, homes, cars and all personal property and assets belong to the marital estate. All property, gifts and inheritances accumulated prior to the marriage is separate property. Property is assumed to be marital property unless it is proven to be… Read More »
Non-custodial parents are required to pay child support to the custodial parent. New York family courts are able to calculate Basic Child Support using a standard formula and specific guidelines. In essence, the non-custodial parent must pay a percentage of his or her income to the custodial parent. Income is considered the non-custodial parent’s gross… Read More »
One out of every seven people in the world supposedly has a Facebook account. It’s a figure which, if true, tells you why Wall Street has been so mesmerized with its possibilities. Hundreds of millions of eyes see advertisements as well as status updates and personal information about all of their so called “friends” (If… Read More »
Frequently asked questions about custody and visitation include: What is child custody? What factors do NY courts look at when deciding child custody? Is it legal for an ex-spouse to prevent visitation? What can you do if your spouse announces plans to move out of state and take the children? Once the court issues a… Read More »
The first step when filing for a New York divorce is meeting the residency requirements. Residency requirements in New York include: One of the parties has resided in New York State for a continuous period in excess of two years immediately preceding the commencement of this action. One of the parties has resided in New… Read More »
