The Law Office of Barry E. Janay, PC

The Law Office of Barry E. Janay, PC "The Local Law Firm with a Global Perspective."

NY & NJ Law firm
Wills, Trusts & Estate, Business Law, Civil Litigation, Bankruptcy Debtor Protection, Commercial Collections, Immigration, Real Estate, Aviation Law & Civil Rights Established in 2004 with the aim of providing sound legal guidance on New York law to individuals as well as small and medium sized businesses.

Meet the attorney behind the firm. For more than 20 years, Barry E. Janay has led his practice with a clear commitment t...
08/10/2026

Meet the attorney behind the firm. For more than 20 years, Barry E. Janay has led his practice with a clear commitment to every client: counsel you can reach, billing you can trust, and advocacy that never lets up. His work spans estate planning, business law, real estate, aviation, and crisis planning, with admissions in both New York and New Jersey.

Law Office of Barry E. Janay, P.C.


Can one sibling stop another from destroying an inherited heirloom?Moneywise put that question to Barry E. Janay, Esq. (...
07/30/2026

Can one sibling stop another from destroying an inherited heirloom?

Moneywise put that question to Barry E. Janay, Esq. (The Law Office of Barry E. Janay, P.C.) and a handful of other estate attorneys this week. The scenario: a father leaves his son a Patek Philippe worth roughly $150,000. The son plans to throw it into the ocean at the seaside town where his dad was happiest. His sister wants it sold instead, and she wants to know if she has any way to stop him.

The short answer is no. Once property is properly distributed through a trust or a completed probate, it belongs to the beneficiary outright. Sentimental value is not a legally protected interest, and a sibling's objection is not a claim. As Barry told Moneywise, there might be an equitable argument about hardship, or a question about the father's capacity when he signed the instrument, but it would be a very tough one to make and "she'd probably lose in court."

The real lesson sits upstream of the fight. Families rarely go to war over brokerage accounts. They go to war over the watch, the ring, the cooking pot. If a specific item matters, the estate plan is where to say so, with clear instructions, buyout language, or conditions on the gift. It costs very little to address in advance and it prevents exactly this kind of standoff.

Full article from Moneywise: https://lnkd.in/eV99Sx4F

Address

354 Eisenhower Parkway, Ste. 1250
Livingston, NJ
07039

Opening Hours

Monday 8am - 8pm
Tuesday 8am - 8pm
Wednesday 8am - 8pm
Thursday 8am - 8pm
Friday 8am - 8pm

Telephone

+18445623572

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