Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so...more
6/2/2025
/ Deeds ,
Estate Planning ,
Fiduciary Duty ,
Guardianships ,
Incapacitated Persons ,
Mental Health ,
New York ,
Power of Attorney ,
Probate ,
Trusts ,
Wills
A power of attorney (“POA”) allows a principal to assign their agent authority to make certain legal and financial decisions on their behalf. Because a POA can give an agent tremendous power over the principal’s affairs,...more
Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective share, particularly when there are claims of abandonment. Under EPTL § 5-1.1-A(a), “a...more