Mid-Year Developments: Stipulations Of Settlements, Situs, Digital Assets
The spring season brought with it decisions from around the state that were of interest to Surrogate’s Court practice. Addressed…
August 09, 2023
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From Season to Season, Decisions Abound for Trusts and Estates Field
As the summer months approach, and the winter and spring seasons leave their trail behind, we consider the many instructive…
June 13, 2023
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Appellate and Surrogate’s Courts Weigh In on Trusts and Estates Practice
Recent weeks have seen Surrogate and Appellate Court opinions addressed to a multitude of issues affecting trusts and estates practice.…
March 30, 2023
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Trusts and Estates Update: The Start of a New Year
As we enter the year 2023, we consider those opinions that rounded out and concluded the year 2022, as well…
February 07, 2023
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A Review of Notable Decisions as the Year Ends
As 2022 comes to a close, we look back on a year marked by numerous decisions of interest impacting trusts…
December 04, 2022
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Spring Happenings In Trusts and Estates
The spring season saw multiple decisions of interest to the trusts and estates practitioner. Addressed to such issues as breach…
August 01, 2022
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Appellate Court Update: Fiduciary Removal, Lack of Jurisdiction, Claim Not Time Barred
Over the past several months, Appellate Division departments have considered a wide range of issues affecting the field of trusts…
April 05, 2022
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A New Year Begins: Fiduciary Fees, SCPA 1404 Examinations and More
As the year 2021 came to an end, and working remotely and virtual court appearances remained the norm, the Surrogate’s…
February 07, 2022
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Closing Comments At the Close of the Year
As the year comes to a close, and we begin to resume life as we once knew it, we take…
December 06, 2021
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Mid-Year Review: Three Notable Surrogate’s Court Decisions
The past several months saw a continuum of opinions rendered by the Surrogate’s Court addressed to issues affecting the practice…
October 04, 2021
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Mid-Year Developments: Fees, Duties and Commissions
As we continue to open our courts and office doors, the Surrogate’s and Appellate Courts throughout the state have been…
August 03, 2021
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Emerging Into Spring: Discovery Sanctions, Gifts, Breach of Duty
The second quarter of 2021 has seen a host of significant decisions from the Surrogate and Appellate courts addressed to…
June 07, 2021
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Appellate Review in the First Quarter
As the year 2020 concluded, and the year 2021 began, the Appellate Division was hard at work rendering decisions addressed…
April 05, 2021
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The Closing Days of 2020
As the year 2020 comes to an end, we stop to remember the trials and tribulations of days past, and…
February 01, 2021
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The Selection of the Right Fiduciary
The testator’s selection of a fiduciary is given great deference by the Surrogate’s Court. Indeed, such respect is accorded to…
December 08, 2020
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As Fall Begins, Looking Back at Cases
As the summer ends, and the colors of fall emerge, Surrogate’s Courts throughout the state continue to examine a broad…
October 05, 2020
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Opening Up
This month’s column, coming on the heels of New York’s re-opening, provides a glimpse of the important work the Surrogate’s…
August 03, 2020
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Appellate Courts Weigh In
Despite the many challenges that have been wrought on the court system over the past several months, decisions of interest…
June 01, 2020
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Cutting It Short: Motions For Summary Judgment
Motions for summary judgment are often utilized in the Surrogate’s Court to crystallize issues and reach a quick result in…
April 20, 2020
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2019: A Formidable End To a Formidable Year
The final months of 2019 saw decisions that were as impactful as they were instructive. Addressed to digital assets, revocation…
February 03, 2020
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Article 31 in Surrogate’s Court: The Road to Discovery
The past several months have seen significant decisions concerning Article 31 discovery in the Surrogate’s Court. Addressed to such issues…
December 10, 2019
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Ilene S. Cooper: Multifaceted Opinions As Summer Came to a Close
Ilene Cooper writes about recent multi-faceted opinions addressing a variety of issues affecting Surrogate’s Court practice in her New York Law…
October 07, 2019
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Sale of Estate Property, Records Inspection, Will Construction
As August moves along, and the summer sadly draws to an end, this month’s column takes a different approach by…
August 12, 2019
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Roundup of Decisions by the Four Appellate Division Departments
During the past year, the appellate courts have rendered decisions of interest to the field of trusts and estates. The…
June 10, 2019
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A Little Bit of This And a Little Bit of That
This month’s column brings the variety that has typified decisions over the past several months. From issues involving domicile, summary…
April 08, 2019
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Be Wary How You Plead
Pleadings, the most fundamental part of trusts and estates practice, if not all practice areas, are often the subject of…
February 04, 2019
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Discovering the Undiscovered
When a will has gone missing, or assets cannot be found, the issue usually becomes the subject of a Surrogate’s…
January 07, 2019
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Highlights and Notable Decisions From Summer 2018
The summer months have seen decisions as variable as the weather, addressed to claims against an estate, fiduciary bonds, and…
October 15, 2018
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The Inside Pages: Two Recent Decisions Worth Noting
The past few months have seen the inside pages of the law journal abound with decisions of interest. Indeed, while…
August 17, 2018
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Receipts and Releases: End of the Road or Just the Beginning
The discharge of an executor or trustee is the ultimate end-game of most, if not all, estate and trust administrations.…
June 14, 2018
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Spring Kick Off: Important Opinions Impacting the Trusts and Estates Field
As the interminable winter has finally come to a close, and spring has thankfully began to emerge, Surrogate and Appellate…
June 11, 2018
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Closing Bell: Three Year-End Decisions From the Surrogate’s Court
As the year 2017 came to a close, Surrogate’s Courts throughout the state continued to address a multitude of issues affecting…
February 16, 2018
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Repeat Performance: More Insights on Receipts and Releases
Recent months have been witness to multiple opinions addressed to receipts and releases. Three of these opinions, In re Ingraham…
December 11, 2017
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Receipts and Releases: A Word to the Wise
Receipts and releases have been used as both a shield and a sword in estate proceedings when fiduciaries are confronted…
October 11, 2017
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Trusts and Estates Update: Variety Fare: Counsel Disqualification, Directed Accounting, Sua Sponte Review
The past several months have witnessed significant decisions on a multitude of issues affecting the field of trusts and estates.…
August 15, 2017
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Trusts and Estate Update: Duress as an Objection to Probate
In Matter of Rosasco, 31 Misc3d 1214(A), the Surrogate’s Court, New York County (Glen, S.). engaged in a thorough analysis…
June 14, 2017
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The Eligibility of a Fiduciary
While deference is accorded to the testator’s selection of a fiduciary, there are circumstances when judicial intervention is required in…
April 13, 2017
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Year in Review: Highlights From the Four Appellate Departments
This past year, the appellate courts have addressed a myriad of issues impacting the field of trusts and estates. This…
February 15, 2017
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The Close of 2016 Provides Useful Instruction
As we conclude the year and look forward to 2017, we continue to appreciate the instruction we receive from Surrogate’s…
December 13, 2016
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Substantive and Procedural Issues Impact Surrogates’ Decisions
As summer began and came to an end much too quickly for us all, the Surrogate’s Courts were busy producing…
October 10, 2016
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Requests for Disclosure: Protective Orders and Preclusion
Motions for protective orders and orders of preclusion are defensive measures frequently utilized by Surrogate’s Court practitioners as a means…
August 09, 2016
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Issues Affecting Estate Litigation and Practice
Litigation in the Surrogate’s Court often brings with it a multitude of issues affecting the outcome of estate litigation. These…
June 13, 2016
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Reasonable Compensation for the Individual Fiduciary – Searching for a Definition
Introduction The commissions of an individual serving as a fiduciary – be it an executor, trustee or even a guardian…
June 06, 2016
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Mistake, Disqualification of Counsel and Personal Jurisdiction
Reprinted with permission from New York Law Journal, Monday, April 11, 2016 issue. The past several months have been witness…
April 18, 2016
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Opinions Instruct on Removal of fiduciaries, Elective Share, Investing
As the year concluded and a new year began, both the appellate courts and the Surrogate’s Courts addressed a variety…
February 09, 2016
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Privilege, Standing, Capacity, Equitable Adoption
Reprinted with permission from New York Law Journal, Volume 254-No. 113, Monday, December 14, 2015. As the days of summer…
December 15, 2015
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Trusts and Estates
Reprinted with permission from The Suffolk Lawyer, Vol. 31, No.2, October 2015. Discovery of Assets In Matter of Perelman, the…
October 23, 2015
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Summary Judgment In the Surrogate’s Court
Reprinted with permission from New York Law Journal, Volume 254-No. 62, Tuesday, September 29, 2015 issue. Although in years past,…
October 02, 2015
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Trusts and Estates Update: Discovery Matters, Will Revocation Issue, Reformation of Trust
Reprinted with permission from an ALM Publication, New York Law Journal, Volume 254-No.27, August 10, 2015 issue. With the advent…
August 12, 2015
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Surrogate’s Court Practice: Appellate Courts Weigh In
June 09, 2015
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Winter’s Roar: Surrogates Tackle Good Faith, Post-Nuptial Waiver, Capacity
Reprinted with permission from New York Law Journal, Vol. 253-No. 69|Monday, April 13, 2015 With below-freezing temperatures, snow, sleet, hail,…
April 13, 2015
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Forfeiture and New York’s “Slayer Rule”
Reprinted with permission from : New York State Bar Association Journal, March/April 2015. Vol. 87, No. 3, published by the…
March 30, 2015
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Discovery Motions and the Statute of Limitations: Timing Is Everything
Reprinted with permission from New York Law Journal, Vol. 253-No. 29, March 2, 2015 issue. While motion practice in…
March 02, 2015
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Trusts and Estates Updates
December 12, 2014
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Revisiting 2014: Cases That Shaped Surrogate’s Court Practice
December 09, 2014
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Rebutting the Presumptions of Due Execution and Testamentary Capacity
December 01, 2014
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Case Notes – New York State Surrogate’s and Supreme Court Decisions
October 14, 2014
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A Matter of Interpretation: Construction of Wills
October 03, 2014
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Discovering Discovery Proceedings: Recovering Assets on Behalf of Estate
August 11, 2014
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Appellate Review of Matters Impacting Surrogate’s Court Practice
June 09, 2014
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Motion Practice In the Surrogate’s Court
April 14, 2014
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Trusts & Estates Update
February 10, 2014
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End of Blockbuster Year In Shaping Trusts and Estates Law
February 10, 2014
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Trust and Estates Update
December 10, 2013
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Trusts & Estates Update: Unique Issues on the Road to Discovery
December 09, 2013
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Trusts and Estates Update: Lessons in Estate Administration
October 23, 2013
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Trusts & Estates Update: Summer Blend – Decisions Cover Range of Matters
August 12, 2013
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Trusts & Estates Update: The Removal of a Fiduciary
June 07, 2013
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Trusts & Estates Update: The Probate and Construction of Wills
April 01, 2013
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Trusts & Estates Update: New Year in Surrogate’s Courts: Off to a Running Start
February 01, 2013
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Chair’s Message
Reprinted with permission from: Trusts and Estates Law Section Newsletter, Spring 2013, Vol. 46, No. 1, published by the New…
February 01, 2013
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Trusts & Estates Update: Weathering the Storm: Court System Stays the Course
December 10, 2012
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Trusts & Estates Update: Surrogate’s Court: A Tutorial in Jurisdiction
October 11, 2012
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Exoneration Clauses in Inter Vivos Trust Instruments
Reprinted with permission from: Trusts and Estates Law Section Newsletter, Summer 2012, Vol. 45, No. 2, published by the New…
October 03, 2012
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Trusts & Estates Update: Probate Proceedings, Trust Disputes and Other Summer Happenings
August 10, 2012
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Incomplete Protection: Exoneration Clauses in New York Trusts and Powers of Attorney
July 10, 2012
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Trusts & Estates Update: Gifts: Validity, Enforceability, Fodder for Litigation
June 08, 2012
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Trusts & Estates Update: Attorney-Client Relationship: Fees, Retainer, Disqualification, Malpractice
April 09, 2012
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Trusts & Estates Update: Appellate Review of Objections to Probate and Other Issues
February 09, 2012
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Trusts & Estates Update: Yuletide Mix of Surrogate’s Courts Decisions
December 12, 2011
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Trusts & Estates Update: Back to Basics: Opinions Refresh Essential Principles
October 06, 2011
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Trusts & Estates Update: Surrogates Address Security, Exoneration Clauses, Commissions
August 08, 2011
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Trusts & Estates Update: Sorting Out Claims of Undue Influence
June 13, 2011
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Usurpation of Trust Opportunities and Self-Dealing
Reprinted with permission from: New York State Bar Association Journal, June, 2011, Vol. 83, No. 5, published by the New…
June 01, 2011
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Trusts & Estates Update: Wintery Mix: Guidance on Substantive and Procedural Issues
April 11, 2011
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Trusts & Estates Update: Notable Decisions on Probate of Wills
February 14, 2011
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Trusts & Estates Update: The Errant Fiduciary: Addressing Misconduct
November 08, 2010
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Client Advisory – Recession Presents Opportunities for Estate Planning with Real Estate
As we all know, commercial real estate holdings have been significantly impacted by the recession. Vacancy rates have risen, rents…
October 01, 2010
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Trusts & Estates Update: Summer Happenings: Impact on Practice of Law
September 13, 2010
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Trusts & Estates Update: Dramatic Court of Appeals Rulings & Lessons From Supreme Court
July 12, 2010
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Life After Death: The Authority of Estate Fiduciaries to Dispose of Decedents’ Reproductive Matter
Reprinted with permission of the Touro Law Review. Further duplication without permission is prohibited. For information, contact the Touro Law…
June 01, 2010
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Trusts & Estates Update: Legislation Signed & Vetoed & Court Opinions Calling for Change
May 10, 2010
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Trusts & Estates Update: The Relationship Between Attorney and Client
March 08, 2010
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Client Advisory – The 2010 Federal Estate Tax “Repeal”
As you may already know, much to the astonishment of the legal community, Congress has failed to pass legislation extending…
February 23, 2010
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Trusts & Estates Update: Decisions at Close of 2009 Address Wills, Witnesses, Revocation
January 11, 2010
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Trusts & Estates Update: Appellate Decisions on Privity, Discovery, Gifts, Other Issues
November 23, 2009
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Exoneration Clauses – Not All They’re Cracked Up to Be
Reprinted with permission from: New York State Bar Association Journal, October 2009, Vol. 81, No. 8, published by the New…
October 01, 2009
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Trusts & Estates Update: Issues Confronted in Pretrial Discovery
September 21, 2009
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Trusts & Estates Update: Notable Opinions From Supreme & Appellate Courts
July 13, 2009
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Trusts & Estates Update: First Impression Cases, Unique Issues Dominate First Quarter
May 11, 2009
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Trusts & Estates Update: Appellate Courts Offer Guidance on Gifts, Wills & Procedural Issues
February 23, 2009
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Trusts & Estates Update: Attorney-Client Relationship: Fees, Malpractice, Counsel Withdrawal
January 12, 2009
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Trusts & Estates Update: Fiduciary Relations: Role of Fiduciary & Counsel
November 17, 2008
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Trusts & Estates Update: Extrinsic Evidence in Construction of Decedent’s Will
September 15, 2008
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Trusts & Estates Update: Statute of Limitations, Eligibility & Disclosure
July 14, 2008
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Trusts & Estates Update: On Powers of Attorney, Exoneration Clauses, Sanctions
May 18, 2008
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What’s a Distributee to Do? Renunciation and the Dead Man’s Statute
Reprinted with permission from the New York State Bar Association Journal, March/April 2008, Vol. 80, No. 3, published by the…
April 01, 2008
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Trusts & Estates Update: A Grand First Quarter to 2008
March 24, 2008
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Trusts & Estates Update: 2007 Cases to Greatly Affect Surrogate Practice
January 14, 2008
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Trusts & Estates Update: Appellate Division Review
November 19, 2007
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Trusts & Estates Update: Recurring Points of Controversy
September 20, 2007
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Trusts & Estates Update: Reasons for Removal of a Fiduciary
July 19, 2007
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Trusts & Estates Update: Revisiting Summary Judgment in Probate Proceedings
May 17, 2007
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Trusts & Estates Update: A Prolific Beginning to the Year 2007
March 22, 2007
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Trusts and Estates Update: Perspectives of the Appellate Bench
January 25, 2007
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Trusts and Estates Update: Judiciary, Legislature: New Advertising Rules for Lawyers
November 15, 2006
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A New Weapon for Objectants? Probate Contests and Waiver of the Attorney-Client Privilege
Reprinted with permission from the New York State Bar Association Journal, October 2006, Vol. 78, No. 8, published by the…
October 01, 2006
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Trusts and Estates Update: A Gift in Time
September 13, 2006
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POSTHUMOUS PATERNITY TESTING: A PROPOSAL TO AMEND EPTL 4-1.2(a)(2)(D)
Reprinted with permission from Albany Law Review, June 2006 issue. Ilene Sherwyn Cooper, Posthumous Paternity Testing: A Proposal to Amend…
August 13, 2006
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Trusts and Estates Update: Many Decisions, Big and Small, Key to Mid-Year Coverage
July 12, 2006
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Real Estate Issues Play Key Role in the Surrogate’s Court
May 17, 2006
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The Correlation Between Practice Areas
March 09, 2006
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Trusts & Estates Update: A Wintry Mix
January 18, 2006
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The Meaning of a Life Estate and Other Decisions of Interest
November 10, 2005
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Trusts and Estates Update — Cases on Responsibility to Uphold Integrity of Attorney’s Role
September 15, 2005
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Trusts and Estates Update — Supreme Court, Civil Court Opinions on Relevant Issues
July 14, 2005
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Proposed Amendment to EPTL 4-1.4 Expand Grounds for Parental Disqualification
Reprinted with permission from the New York State Bar Association Journal, June 2005, Vol. 77, No. 5, published by the…
June 01, 2005
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Trusts and Estates Update — Appellate Court Decisions
May 12, 2005
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Trusts and Estates Update — Posthumous DNA Test Results, Same-Sex Marriages
March 10, 2005
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Trusts and Estates Update — Amendment to Establish Limit For Electing Against Decedent’s Will
January 19, 2005
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Trust and Estates Update — In Terrorem Clause, Constructive Trust, Fiduciary Liability
September 15, 2004
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Trusts and Estates Update — Legislative Highlights and Decisions of Interest
July 21, 2004
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Trusts and Estates Update — The Spring Semester: Blooming With Options of Interest
May 13, 2004
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Trusts and Estates — Bills of Particulars, Gift, Renunciation
Bills of Particulars In a contested accounting proceeding, motion was made, inter alia, for an order of preclusion based upon…
April 01, 2004
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Trusts and Estates Update: Accounting Decrees and Other Areas of Interest
March 19, 2004
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Trusts and Estates Update
While front page news of recent decisions is certainly eye-catching, and indeed, may prove significant to practitioners, more frequently than…
March 10, 2004
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On Statute of Limitations, Summary Judgment , Attorney-in-Fact
May 21, 2003
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Court Notes
APPELLATE DIVISION – SECOND DEPARTMENT Attorney Resignations: The following attorneys, who are in good standing, with no complaints or charges…
May 01, 2003
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Accounting Decrees and Other Areas of Interest
March 19, 2003
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Revocation of Letters — Trusts and Estates Update
The decedent executed a Last Will and Testament, dated June 5, 2000, naming five executors, her brother and her sister,…
March 01, 2003
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Appointment of Guardian Ad Litem — Trusts and Estates Update
Before the Court was an omnibus proceeding commenced by the decedent’s surviving spouse in her individual capacity as well as…
February 01, 2003
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Marking The End of An Eventful Year
January 23, 2003
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Disqualification of Spouse — Trusts and Estates Update
In a contested proceeding for letters of administration, the decedent’s daughter requested the issuance of letters to herself, and the…
January 01, 2003
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Probate Proceeding — Summary Judgment
In a contested probate proceeding, the petitioners moved for summary judgment dismissing the objections to probate.The Court granted the motion…
December 01, 2002
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Trusts and Estates Issues in State and Federal Courts
November 13, 2002
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Letters of Administration — Trusts and Estates Update
Before the Court was a contested proceeding between the decedent’s son, on the one hand, and four of his siblings…
November 01, 2002
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On Duty to Diversity, Validity of Conveyance, Standing To Challenge
The last half of the calendar year, 2001, saw significant activity at the appellate level affecting the area of trusts…
January 30, 2002
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