Estate planning attorneys often advise clients to create plans that will avoid the necessity of having to go before the probate court. Though these courts, known as Surrogate's Courts in New York state, hear cases about wills and estates, they also hear numerous other issues. Here's a brief list of some of the common issues a probate court might hear. Guardians Probate courts are responsible for determining who should become the legal guardian over a child or an incapacitated adult. However, … [Read more...] about What Brings You to Court? 4 Types of Cases Probate Courts Hear
Probate
Paterno Will to Remain a Secret
For any college football fan, Penn State graduate, or anyone else interested in the life and death of Joe Paterno, it now appears as if the details of his last will and testament will always remain a mystery. According to the Wilkes-Barre Citizen's Voice newspaper, a Pennsylvania probate court judge has ordered that the Will be sealed. The petition requesting that the Will be sealed, as well as the courts order granting the petition, are also sealed. Pennsylvania probate attorneys have stated … [Read more...] about Paterno Will to Remain a Secret
Thomas Kinkade Estate In New Legal Fight
No sooner had artist Thomas Kinkade died in April than his estate was embroiled in a legal fight over the release of information about the artist's life. Now, a California probate court judge is considering whether the artist's live-in girlfriend, Amy-Pinto Walsh, can have her day in court, or if she should submit her claims only in a secret arbitration hearing. Ms. Pinto-Walsh had been living with Mr. Kinkade at the time of his death, having also served as his personal assistant. Mr. Kinkade … [Read more...] about Thomas Kinkade Estate In New Legal Fight
Lawyer Sues Judge Presiding Over the Rosa Parks Estate Battle
The last time we blogged about the Rosa Parks estate fight going on in a Detroit area probate court, it appeared as if the legal dispute had finally come to an end. However, a lawyer representing one of the parties in that dispute has now filed a new lawsuit alleging that the judge and two of the court-appointed attorneys involved in the case have conspired with one another to effectively loot the late civil rights icon's estate of funds. Rosa Parks died in 2005, and ever since then her nieces … [Read more...] about Lawyer Sues Judge Presiding Over the Rosa Parks Estate Battle
So You Want To Challenge a Will – 3 Requirements
Requirement 1: You have to qualify. If the courts simply allowed anyone off the street to come in and challenge a Will whenever they wanted, it would be an absolute disaster. In order to challenge a will, you must first be able to prove that you have what is known as “standing.” To have standing to challenge a Will, you must be able to gain something if you win the challenge. This essentially boils down to whether you would have inherited more under a previous Will, or under the laws of … [Read more...] about So You Want To Challenge a Will – 3 Requirements
Kinkade Estate Already Embroiled in Court Fight
When Thomas Kinkade died in early April at the age of 54, his legacy as a widely popular commercial artist was firmly established. The man who called himself “the painter of light” left behind an estate worth millions. However, though the estate has not yet been submitted before a probate court, it has already resulted in a legal fight. Representatives of the Kinkade estate have filed for a restraining order against Ms. Amy Pinto-Walsh, the artist's live-in girlfriend of the past 18 months. Mr. … [Read more...] about Kinkade Estate Already Embroiled in Court Fight
Judge Issues Ruling in Gary Coleman Estate Dispute
After a brief trial, a Utah probate court judge has declared that the former spouse of former child star Gary Coleman was not legally married to him when he died in 2010. The court did not issue its final ruling about who will inherit Mr. Coleman's estate, though it now appears that his entire estate will go to Anna Gray, his former girlfriend and CEO of his personal corporation. Mr. Coleman's former spouse, Shannon Price, had claimed that the couple had effectively become remarried through … [Read more...] about Judge Issues Ruling in Gary Coleman Estate Dispute
Astor Estate Saga Comes To An End (Mostly)
The lengthy legal battle over one of New York's most well-known philanthropists and socialites has finally come to an end after the parties have reached a settlement in a New York state probate court. Though Brooke Astor died in 2007, her estate has been fought over since then and has only recently concluded. As part of the settlement, her son has accepted a slashed portion of his original $30 million inheritance. Mr. Anthony D. Marshall, Ms. Astor's only son, will inherit a $14.5 million from … [Read more...] about Astor Estate Saga Comes To An End (Mostly)
Amy Winehouse – 3 Questions About Her Estate, And What It Can Teach Us About Probate
Question 1: Who receives Amy Winehouse's millions? Because Ms. Winehouse did not leave behind a Will, her parents will receive her entire estate. Though the late singer left behind a brother and an ex-husband whom she apparently still had good relations with, even if she wanted these two people to receive any of her estate, it will not happen because she did not have a Will. The United Kingdom's laws state that whenever someone dies without a Will, known as dying intestate, that person's … [Read more...] about Amy Winehouse – 3 Questions About Her Estate, And What It Can Teach Us About Probate
Rosa Parks Estate Set To End Probate Battle
While Rosa Parks remains an iconic symbol of the civil rights movement of the 50s and 60s, her legacy remains in legal limbo as representatives of her estate and some of her family members continue to battle over her possessions in a Michigan probate court. However, news comes from the probate court that the estate battle may finally be coming to a close. After her death in 2005, Rosa Parks left behind an estate that had become very valuable largely because of her role in the civil rights … [Read more...] about Rosa Parks Estate Set To End Probate Battle
