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Who Will Administer Palma Bonora’s Eight Million Dollar Estate?

May 7, 2014

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Warring Public Administrators Face Off in New York’s Appellate Court

Public administrators from two New York counties, Kings and Richmond, have been engaged in a dispute over which will administer the eight million dollar estate of decedent Palma Bonora, who died intestate.

Bonora was a lifelong Brooklyn (Kings County) resident who, for the last four years of her life, lived in a Staten Island (Richmond County) nursing home.  Prior to her relocation to Staten Island, Bonora’s guardian had Bonora’s Brooklyn home demolished and the land later sold.  It is undisputed that Bonora lacked the mental capacity to change her domicile from Kings County to Richmond County and that she was moved by her guardian to Staten Island so that she could obtain the necessary medical care.

Under New York law, the venue of estate administration lies in the county in

Bitcoins and Other Hidden Assets

treasuremapYears ago, my grandparents were robbed.  While going through the house and noting the missing items, my grandmother told my mother she was grateful they did not find the family silverware hidden in the attic staircase.  This was the first time my mother had heard of the hiding place and told my grandmother, “I would have sold this house having never found the silverware.”

Nearly everyone has a hiding place for a few special, tangible items, and increasingly many individuals have assets that are not easy to identify or locate.  After the death of the owner of such assets, it can be very difficult for the personal representative of the estate to locate and take possession of all of the decedent’s assets.

When Do Claims On a Revocable Grantor Trust Go Stale?

May 1, 2014

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Recently, a Missouri Court of Appeals found that a claim regarding the validity of a revocable grantor trust was time-barred, as the two-year statute of limitations to bring a claim contesting a trust’s validity had passed when the personal representative of an estate brought suit.

In Morris v. Trust Co. of the Ozarks, 2014 WL 947109, at *1 (Mo. Ct. App. Mar. 11, 2014), the Court found that Section 456.6-604 of the Missouri Uniform Trust Code barred a claim seeking to establish that the trust at issue had terminated as a matter of law at the grantor’s death.  Section 456.6-604.1(1) states that “a person may commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor’s death within. . . two years after the settlor’s death. . .”

A revocable trust, also

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