When a sibling, step-parent or other caregiver takes control of an aging parent's finances and healthcare, it can lead to disputes within the family. An attorney specializing in trust and estates litigation can provide guidance and legal assistance in such situations. They can facilitate mediation to resolve issues amicably, initiate guardianship proceedings if necessary, help in granting Power of Attorney to another sibling, and even start trust or elder law litigation if there's a need. The ultimate goal is to protect the rights and interests of the parents, ensuring their wellbeing and safety.
In New York, trust beneficiaries have a right to receive information about the trust and its finances. Trustees are legally obligated to provide transparency and ensure that beneficiaries receive their due distributions. Unfortunately, some trustees refuse to fulfill these obligations, leaving beneficiaries in the dark about their entitlements. This article will discuss the options available to trust beneficiaries under the New York Surrogate's Court Procedure Act (SCPA) and the Estates, Powers, and Trusts Law (EPTL) when faced with uncooperative trustees.
SCPA 2103 proceedings provide a powerful mechanism for executors and administrators to discover information and recover estate assets. Unfortunately, this provision of the Surrogate's Court Procedure Act is also notorious for being susceptible to abuse, with some parties using it as a means to carry out "fishing expeditions" without a legitimate legal basis. In this article, we will explore the abuse of SCPA 2103 proceedings in New York, the challenges it poses, and the measures being taken to curb such abuse.
Elder abuse is far too common. While Elder abuse can manifest itself in the form of neglect or physical violence, financial abuse is just as prevalent. In today's vlog, we review a case study in financial abuse of a terminally ill man by his second wife who is 30 years his junior. She hatches a plot involving the use of duress, coercion, undue influence and fraud to steal her husband's money and rob his children from a prior marriage of their inheritance. Can she be stopped?