NYSBA CLE: Estate Litigation: Part 3
June 9, 2011
401 Seventh Avenue, New York, NY 10001
Intended Audience: Attorneys
8:30am - 5:00pm
$165 mbr
Contact Info:
Phone: 518-463-3200
Farrell Fritz trusts and estates partners, and contributors to our New York Trusts & Estates Litigation blog, Ilene S. Cooper and Eric W. Penzer, will be presenters at this seminar.
7.5 MCLE credits for all attorneys, including newly admitted: 1.0 in ethics, 3.5 in skills, 3.0 in professional practice.
The practice of estate lawyers transcends will and trust drafting and estate planning to include of necessity some knowledge of and familiarity with the substance, procedures and customs of litigating key matters in Surrogate’s Court. This full day course will discuss and highlight hands-on litigation strategies and approaches, and the often unique Surrogate’s Court rules governing litigation in that court, in probate and accounting contests and in miscellaneous proceedings.
The program’s comprehensive course materials and oral presentations will provide a thorough review of the substantive law governing litigation in Surrogate’s Court. Experienced panelists will share their experience and knowledge of the practical and procedural aspects of estate litigation matters. Attention will focus on tactics, motion practice and other practical concerns.
This important course should be of value not only to the estates practitioner but also to the trial lawyer who from time to time may have a matter end up in Surrogate’s Court where the rules and procedures will often vary from those in Supreme Court.
Program Schedule:
8:30-9:00 a.m.
REGISTRATION (outside meeting room)
9:00-12:15 p.m.
MORNING SESSION (there will be a coffee break midway through the morning)
12:15-1:30
LUNCH (on your own)
1:30-5:00 p.m.
AFTERNOON SESSION (there will be a coffee/soft drink break midway through the afternoon)
5:00 p.m.
ADJOURNMENT
Program Topics:
I. CONTESTED PROBATE
A. Defensive Estate Planning and How to Avoid a Will Contest
B. Introduction: Probate Proceeding and Anticipation of Will Contest
C. Return Date of Probate Proceeding and SCPA 1404 Examinations
D. Objections to Probate and Grounds
E. SCPA 1411 citation
F. Post Objection Discovery
G. Summary Judgment Motion
H. Order Framing Issue/Statement of Issues
I. Pre-Trial Conferences
J. Settlement
K. Conduct of Trial
II. CONTESTED ACCOUNTINGS
A. The Compulsory Accounting Proceeding
B. The Accounting and Petition
C. The 2211 Examination
D. Objections and Related Relief
E. Trial
III. MISCELLANEOUS PROCEEDINGS
A. Miscellaneous Proceedings under Article 21 – Introduction
B. Discovery Proceeding Under SCPA 2103 and 2104
IV. ATTORNEY FEES AND ETHICAL CONSIDERATIONS
A. New Ethics Rules
B. Attorney’s Fees/Applications for Attorney Fees
Program Faculty:
New York City Chair and Moderator
Eric W. Penzer, Esq.
Farrell Fritz, P.C.
Uniondale
New York City Speakers (in alphabetical order):
Ilene S. Cooper, Esq.
Farrell Fritz, P.C.
Uniondale
Sylvia E. Di Pietro, Esq.
Law Office of Sylvia E. Di Pietro, Esq., LLC
New York City
Zachary G. Newman, Esq.
Hahn & Hessen LLP
New York City
Lansing R. Palmer, Esq.
Putney, Twombly, Hall & Hirson LLP
New York City
Eric W. Penzer, Esq.
Farrell Fritz, P.C.
Uniondale
Michael P. Ryan, Esq.
Cullen and Dykman LLP
Brooklyn
Charles T. Scott, Esq.
Greenfield Stein & Senior, LLP
New York City
Non-member registration fee is $200. Student rate is $60.