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NY ESTATE LAW BLOGROLL

16
Mar

UPCOMING CHANGES IN PROBATE FOR 2013

By Jason Stern

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Upcoming Estate Planning and Probate changes for 2013 In December of 2010 the United States legislature enacted the Tax Relief Act, which was good news for anyone planning his or her estate. The Tax Relief Act raised the value of estate exemption from the dreaded federal estate tax to $5 million dollars per individual and

27
Jan

YAZ AND YASMIN ATTORNEYS

By Jason Stern

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Yaz and Yasmin Attorneys: The Law Offices of Jason W. Stern & Associates are now educating victims and potential victims about the wide array of dangers resulting from the Yaz and Yasmin contraceptives. These products have been linked to more than 50 fatalities that we know of. Unlike most conventional contraceptives the Yaz and Yasmin

16
Jan

MEDICAL MALPRACTICE AND MRSA

By Jason Stern

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Medical Malpractice and MRSA: A recent medical trend in our society has been the spread of antibiotic resistant strains of bacteria known as Methicillin-resistant Staphylococcus (MRSA). In the 1990’s scientists warned our healthcare community about the dangers of antibacterial soaps and the over prescribing of antibiotics. Many in the health care industry as well as

27
Dec

PROBATE VS LIFE ESTATE

By Jason Stern

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Probate vs Life Estate: Why Probate is still the better choice for most Probate: Many law firms create a quiet skepticism about the probate process by holding seminars to sell prospective clients on the estate tool known as the life estate. The life estate is a limited interest in real property. Normally a life estate

12
Dec

Kinship Law: Non-marital children A common thread in kinship matters seems to be what to do with non-marital children with respect to their rights to inherit. As experienced New York kinship lawyers we have litigated both sides of this often complex issue. In these types of kinship cases, it is important to note that if

27
Jun

Challenging a properly executed, lawyer drafted will is arguably one of the most difficult legal undertakings there is. This is mainly because an attorney drafted will with affidavits from the attesting witnesses creates a strong presumption of both testamentary capacity (mental soundness) and regularity in relation to the execution of the will itself. These are

Kinship Non-Marital Children: Are non-marital children entitled to inherit under the Kinship Law? The answer is maybe. Recently our office litigated a very interesting Queens kinship case that involved a decedent who died without a will and no close living relatives. Our firm represented the decedent’s cousins who came forward in a kinship proceeding to

What happens to the proceeds of one’s estate who dies without a will and without any close, living relatives ? Unfortunately without the knowledgeable guidance of an experienced kinship lawyer, these unclaimed assets are often kept by The State of New York where the money sits indefinitely. What do I need to know about the kinship

RIGHT OF ELECTION : Can you disinherit a spouse? The answer is no. You would be surprised how often this issue comes up in the practice of estate law. Within the enaction of the Estate, Powers & Trusts Law 5-1.1(a), otherwise known as EPTL 5-1.1(a) a spouse who has been disinherited from their significant other’s estate