Intestacy (or Dying Without A Will)
Apr 19, 2011
What happens when a person dies without a will? A person who dies without a will is said to die “intestate.” When a person does have a will, the person’s assets are divided and distributed in accor...
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Estate Tax 101
Apr 12, 2011
What Is Estate Tax? Estate tax is a tax that is collected on the transfer of one’s assets after death. It is determined by adding all of the decedent’s date-of-death assets and then applying an vari...
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Probate 101: what is probate?
Apr 11, 2011
This guide explains the basics of the probate process....
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What You Need To Know About Signing A Will In New York
Apr 06, 2011
Legal Requirements New York law requires that a will be witnessed by two persons. Often, lawyers will have three witnesses. None of the witnesses should be a person who has an interest in the estat...
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What is "Unjust Enrichment"?
Feb 28, 2011
What Do You Need To Prove To Win An Unjust Enrichment Claim? Unjust enrichment is an obligation that the law creates even without any contract or agreement. In order for a plaintiff to prevail on a ...
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Is It Fraud?
Feb 28, 2011
Fraud Defined A typical fraud claim involves a misrepresentation made by one person to another. The familiar elements of fraud are (1) a misrepresentation of fact, (2) which was false and known and ...
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Guardianship Law in New York
Feb 28, 2011
What is a Guardianship Proceeding? In 1993, New York revamped its laws concerning the appointment of persons to protect those who are unable, for whatever reason, to attend to their personal or finan...
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What is a Motion for Summary Judgment?
Aug 06, 2010
Background Most of us know what a trial is. It's a hearing at which evidence is presented, witnesses testify, and (usually) a jury observes the entire proceeding. The job of the jury is to establis...
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What You Need to Know About Age Discrimination
Aug 03, 2010
Age Discrimination in General The federal Age Discrimination in Employment Act [“ADEA”] makes it unlawful for an employer to fire, refuse to hire, or “otherwise discriminate” against someone because ...
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Whether A Case is "Ripe" Can Determine Important Legal Rights
Aug 03, 2010
"Ripeness" in General In order for a case to be heard by a court, the case must be “ripe” for judicial resolution. The underlying rationale of the ripeness doctrine is to prevent courts from getting...
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