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Probate Litigation Archives

Is blood always thicker than water?

When Prince died earlier this year, he left a void the music world will never be able to fill. The pop superstar also left a void when it came to carrying out his final wishes, leaving no will or estate plan. The Associated Press notes that the late singer-songwriter's sister and 5 half-siblings are expected to be named his heirs within several months as a probate court wrestles with the division of his considerable assets. 

Gene Wilder's privacy, wealth raises estate planning issues

The great comedic actor Gene Wilder recently passed away from Alzheimer's disease complications at 83 years old. He wanted people to best remember him for the laughter he brought audiences in Willy Wonka & the Chocolate Factory, Young Frankenstein and Blazing Saddles, among others, so he kept his condition out of the public eye.

Oklahoma City Thunder stake in dispute in probate court

New York basketball fans may be interested in learning about the legal battle that's brewing in Oklahoma City over the ownership of that city's NBA team. A 20 percent share in the Oklahoma City Thunder basketball team is in dispute. The interest was held by an oil and gas mogul who died in a car crash on March 2. His creditors want the stake in the basketball team to be sold to the highest bidder to pay for debts, but there is concern among creditors that it will instead be sold to his wife for a lower price.

Important steps for avoiding probate

The thought of having an estate go through probate could be worrisome for some New York residents, especially if there is a significant possibility of some potential heirs disputing the distribution of assets as outlined in a will. Avoiding probate can save both time and money, and some of the potential stresses and contentions might be minimized as well. Further, avoiding probate can protect the privacy of those involved. However, it is important to understand the steps needed to limit the risk of a drawn-out probate process.

New York legal advisors may help with will disputes

Wills written by New Yorkers aren't always probated as smoothly as possible following the deaths of the testators. In some cases, survivors and beneficiaries get into legal spats over the validity of wills and other estate documents. Valid concerns such as potential fraud, the mental state of the testator or the existence of other wills can all be used to initiate disputes that impact the process of distributing the testator's property.

Probate process in New York

When a person dies, whether or not there is a will, the decedent's estate will be subject to the probate laws for the distribution of his or her assets. Probate laws exist in order to protect creditors, beneficiaries and heirs, and the probate process involves making certain taxes and debts are paid as well as passing assets to beneficiaries or heirs.

New York neighbors face probate fee hikes of up to 1000 percent

New York residents unhappy with their tax burden may wish to spare a thought for some of their neighbors. Connecticut has raised several state taxes and fees to bridge large budget gaps, and the increases have been implemented retroactively to Jan. 1, 2015. Among the most contentious tax and fee hikes are changes to the probate fee structure that have led to tenfold increases in fees for many estates. While many wealthy Connecticut residents are now said to be thinking about moving out of the state, observers feel that growing financial pressures will prompt other states to impose similar measures.

Trusts useful for some estates but not all

Trusts are important components of many New York residents' estate plans, especially for those people who own many high-value assets. These estate planning tools can help beneficiaries to avoid taxes and probate fees while performing other functions like protecting financially irresponsible heirs from receiving a sudden windfall. Although trusts can be very useful in a variety of circumstances, they are not always necessary for every estate.

Probate fees raised to cover probate court budget

Retired New York residents who are considering a move to Connecticut may want to think twice. On July 1, probate fees in Connecticut were doubled for estates worth at least $2 million. With probate fees at .05 percent of an estate, Connecticut is now the most expensive state to inherit money in.

Joseph A. Ledwidge, P.C.
17026 Cedarcroft Road
Jamaica, New York 11432

Phone: 347-395-4799
Fax: 718-701-3726
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Joseph A. Ledwidge, P.C.