Many websites advising on what to think about when divorcing say you should be sure to change your will once it's all over. That's good advice, but it doesn't go far enough.
When a close relative dies, and someone other than you has been named in the will as the executor of the estate (or applies to the court to administer the estate, if there was no will), you will receive a Waiver and Consent document and you’ll be asked to sign and return it.
What could be better than inheriting an estate with real estate holdings? Look around any area of this city - that's how many of the most prominent real estate empires were built. But it’s not all wealth and power for the heirs. There can be a lot of issues to deal with.
A very troubling case was referred to me recently by a close colleague who is a matrimonial attorney. His client died while in the midst of an acrimonious divorce.
It’s no joy to think about your will and what will happen after your death, but if there's one subject that's even harder, it’s how you would deal with medical issues in a condition of incapacity - and then it’s even harder to think about the situation of an incapacity due to dementia.
Yesterday, a real estate broker with whom I work closely called to see if I could help with a property sale from an estate that she was working on. It was a complicated matter and for a while, it looked like a real problem, but then I was able to offer a solution that made it all work.
There's great pride in passing a family home from one generation to the next. Sometimes, this allows relatives to remain in close contact under one roof and ensures attentive care to the elders and the children. But it can create a lot of conflict, too.
My client’s mom died earlier this year. Her sister provided her with a copy of her will, signed in 2017, which named the sister as the executor.
If you imagine a legal problem as a big, tight knot, then you can think of Negotiation and Litigation as two ways of undoing the knot. Negotiation is like cutting through the knot, and Litigation is like unwinding it strand by strand.