As we discussed in prior articles, New York makes it difficult to disinherit a spouse. New York Estates, Powers and Trusts Law § 5-1.1-A provides for something called the right of election which allows a surviving spouse to elect to receive a share of the estate regardless of what the Last Will and Testament might […]

A guardian ad-litem, also known as a GAL, is a person who is appointed to represent the rights and interests of a minor or incapacitated person during a legal proceeding.  This is not the same as a guardian of the person or property of a minor or incapacitated individual who is appointed to make generally […]

When someone passes away in New York State without a Last Will and Testament, they are deemed to have passed away “intestate.”  This means that their estate will be distributed in accordance with New York State’s rules of intestacy. Intestacy The rules of intestacy are found in New York State’s Estates Powers and Trusts Law […]