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Category: Probate and Estates

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Virginia, Gloria and Dolly – A Room of One’s Own

I read Virginia Woolf’s A Room of One’s Own at an impressionable age. It was the 1980s, and women were grappling with issues of economic independence and freedom. I came away from that book believing, perhaps too simply, that economic independence was the key to every other kind of independence.

September 9, 2026
Transfer of a Motor Vehicle to the Surviving Spouse

Question: My husband passed away a couple of months ago. All of our assets were held jointly except for one of our cars, which was held in his sole name. The car is worth about $20,000.00. What do I need to do to transfer the car into my name? Do I need to go to Court?

May 6, 2020
Credit Card Debts of a Decedent

An executor is responsible for paying all outstanding the debts from the assets of the estate. The executor is not personally liable for the debts and the Fair Debt Collection Practices Act prohibits collection attempts against a surviving relative or beneficiary.

April 29, 2020
What Tax Returns Should Be Filed When a Person Dies?

The Executor or Administrator of an Estate may be required to file three separate returns: an individual tax return for the decedent, estate income tax return and estate tax return.

April 7, 2020
Appointment of an Administrator

When a person does their estate planning, he or she will typically prepare a Last Will and Testament. A Will contains a provision that nominates an Executor.

April 6, 2020
Compensation of an Executor

Question: My aunt has nominated me as the Executor of her estate. Someone told me that I am entitled to payment for serving as Executor, is that true?

February 24, 2020
Estate and Gift Tax Update for 2020

The Tax Cuts and Jobs Act (the “Act”) increased the federal estate tax exclusion amount for decedents dying in years 2018 to 2025. The act is set to sunset on December 31, 2025.

December 20, 2019
Contesting a Will

Question: My mom had a Will from 10 years ago that left everything equally to me and my siblings. Right before she died, I found out my brother made her sign a new Will that left everything to him. I don’t think she understood what she was signing. What should I do?

October 23, 2019
Further Estate Planning after the Death of a Spouse

Losing a spouse is an extremely difficult time in life and handling the administration of their estate can be a stressful experience. When you are ready, it is important to seek the advice of an estate planning and elder law attorney to discuss what needs to be done on behalf of your spouse’s estate and also what planning you need to do for your own estate.

October 11, 2019
Removal of a Fiduciary, It’s Not as Easy as You May Think

If you are the beneficiary of an estate or trust and you think that the fiduciary or person in charge is not meeting their obligations, there are procedures in which they can be removed. Surrogate’s Court Procedure Act “SCPA” § 719 lists several grounds upon which a fiduciary can be removed.

October 7, 2019
Medicaid Estate Recovery

Question: My mother, who is widowed, is receiving Community Based Medicaid services. She currently owns a home in her own name; she has been hesitant to transfer it out of her name. I am concerned about Medicaid having a claim against the house after her death, am I right to be concerned?

September 25, 2019