516-227-0700

Robert M.
Harper

Estate Litigation

Counsel

Uniondale

T: 516-227-0625

About Robert

Robert M. Harper concentrates in trust and estate-related litigation in Surrogate’s Court and Supreme Court. His practice includes probate contests, accounting proceedings, discovery and turnover proceedings, guardianship proceedings, and trust invalidation proceedings. He is also a frequent contributor to Farrell Fritz’s New York Trusts & Estates Litigation blog.

In addition to his work at Farrell Fritz, Rob is a special professor of law at Hofstra University School of Law. He also coaches several of Hofstra’s moot court teams, including the National Moot Court Competition team.

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Experience

  • Co-authored a proposal to amend Rule 4503(b) of the New York Civil Practice Law and Rules to extend to revocable trust contests an exception to the attorney-client privilege, which Governor Cuomo signed into law on August 19, 2016.
  • Authored a proposal to amend Mental Hygiene Law section 81.21, which the Governor signed into law in 2015.
  • Instrumental in ensuring that proposals to amend Estates, Powers and Trusts Law sections 11-1.5 and 11-A-2.1 and Surrogate’s Court Procedure Act section 1724 passed the New York Legislature and were signed into law by Governor Cuomo in 2014.

Credentials

Education

  • Boston College
  • Chaminade High School
  • Hofstra University School of Law

Bar Admissions

  • New York
  • New Jersey

Court Admissions

  • U.S.D.C., Eastern District of New York

Affiliations & Appointments

  • New York State Bar Association, Trusts & Estates Law Section, Chair, Former Chair-Elect, Former Treasurer and Secretary, Past Governmental Relations and Legislation Co-Chair and Past Delegate to the House of Delegates
  • Suffolk County Bar Association, Board of Directors
  • New York Bar Foundation, Fellow
  • Suffolk County Bar Association
  • Surrogate’s Court Committee, Past Co-Chair
  • Suffolk Academy of Law, Past Officer
  • Nassau County Bar Association
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Articles & Advisories

Message from the Incoming NYSBA Trusts & Estates Section Chair

With the holiday season (as wonderful as it was) now in the past, and the new year (with all of…

March 08, 2019

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The Digital Footprint After Death: Who Wears the Shoes?

Email, Facebook, LinkedIn, Twitter, Instagram, Snapchat, Tumbler, online banking, online shopping and other forms of electronic communications comprise our digital…

September 11, 2017

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Surrogate’s Court Procedure Act Article 17-A and Its Ever-Changing Landscape

Article 17-A (“Article 17-A”) of the Surrogate’s Court Procedure Act (“SCPA”) has garnered a great deal of attention in the…

December 04, 2016

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Pro Bono Appeal: Navigating Inconsistencies in Posthumous DNA Testing Statutes

Family Court Act § 519 and Estates Powers and Trusts Law (“EPTL”) § 4-1.2 both address a child’s right to…

December 22, 2016

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The Application of the Attorney-Client Privilege in Revocable Trust Contests

April 10, 2015

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In Terrorem Provisions That Violate Public Policy

December 01, 2014

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Applying the Ancient Document Rule in Probate Proceedings

December 12, 2014

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2014 Legislation Update

October 14, 2014

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New York’s Estates, Powers & Trusts Law § 5-1.4: Why Divorce May Not You & Your Ex-Spouse’s Relatives Part

This article was first published with Quinnipiac Probate Law Journal (27 Quinnipiac Prob. L. J. 434).   Rebecca T. Goldberg, an associate…

July 23, 2014

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Testamentary Capacity, Summary Judgment and a Testator’s Diagnosis of Dementia

March 27, 2014

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Capacity to Make Wills, Trusts, and Gifts

March 31, 2014

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The Slayer Rule Revisited

December 10, 2013

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Expansion of EPTL § 3-3.5 and SCPA § 1404’s Safe Harbor Provisions

October 01, 2013

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2013 Legislative Update and Summary

Reprinted with permission from: Trusts and Estates Law Section Newsletter, Fall 2013, Vol. 46, No. 3, published by the New…

September 01, 2013

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Obtaining pre-judgment interest on fiduciary surcharges

June 01, 2013

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The Slayer Rule

January 01, 2013

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Vacating Probate Decrees

Reprinted with permission from Trusts and Estates Law Section Newsletter Fall/Winter 2012, Vol. 45, No. 3, published by the New…

December 31, 2012

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Standing of “Potential Heirs” to Sue for their Parents’Assets

November 01, 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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Exoneration Clauses

September 01, 2012

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Vacating Probate Decrees in New York

August 14, 2012

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Incomplete Protection: Exoneration Clauses in New York Trusts and Powers of Attorney

July 10, 2012

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Damages for Fraud in Probating a Will

March 01, 2012

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Filing Probate Objections

February 01, 2012

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Tales from the Crypt – Disposing of Human Remains

January 01, 2012

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Witnesses to SCPA 2307-A Disclosures

November 01, 2011

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Duress as a Probate Objection

October 01, 2011

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Inheritance Rights: ‘After-Born’ v. ‘After-Known’ Children

September 01, 2011

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Video Conferencing for Surrogate’s Court Depositions

July 01, 2011

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2011 Legislation Update

Farrell Fritz, P.C. trusts and estates associate, Robert M. Harper, co-authored this article with Ian W. MacLean, principal attorney in…

June 01, 2011

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Joint Wills

June 01, 2011

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Compulsory Accounting and Contempt

April 01, 2011

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Discovery in Contested Probate Proceedings

March 01, 2011

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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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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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Triggering In Terrorem Clauses

October 01, 2009

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Cy Pres and Charitable Gifts

June 01, 2009

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Vacating Surrogate’s Court Decrees

May 01, 2009

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Enforcing Arbitration Decisions & Provisions in Estate-Related Litigation

March 01, 2009

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Cutting Family Ties: The Inheritance Rights of Adopted-Out Children

Reprinted with permission from the New York State Bar Association Journal, February 2009, Vol. 81, No. 2, published by the…

February 25, 2009

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Partition Rights of Deceased Joint Tenant’s Estate

February 01, 2009

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Reimbursement From Supplemental Needs Trusts

January 01, 2009

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Robert M. Harper, Associate, Authors "Dead Hand Problem"

“Dead Hand Problem: Why NY’s Estates, Powers and Trusts Law Should be Amended to Treat Posthumously Conceived Children as Decedents’…

December 18, 2008

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Actions Against Deceased Parties

December 01, 2008

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Necessary Requirements to Successfully Probate a Lost Will

November 01, 2008

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Separation Agreement or Stipulation Impact on Statutory Right of Election Divorce Settlement

November 01, 2008

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Vacating Surrogate’s Court Judgments, Orders and Decrees

Reprinted with permission from the New York State Bar Journal, July/August 2008, Vol. 80, No. 6, published by the New…

July 01, 2008

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RESPA § 8: The Prohibition Against Unearned Fees

April 11, 2008

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News

Tech skills: Lawyer gives lecture in passing on digital assets after death

[Robert Harper] gave an insightful lecture to fellow legal eagles on the importance of knowing the ins and outs of…

May 01, 2019

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Ones to Watch in Law: Robert Harper

Robert Harper, who is counsel in the estate litigation department of Uniondale-based Farrell Fritz, concentrates in trust and estate-related litigation…

April 08, 2019

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Man Who Killed Fiancée Could Inherit $577,000 from Her Life Insurance Policies

Farrell Fritz estate litigation associate, Robert M. Harper, was quoted in this article: Slayer law A “slayer law” in New…

October 04, 2015

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Huntington Chamber Honors Robert Harper & Nina Petraro as 30 Under 30

April 01, 2009

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Farrell Fritz Associates to Receive Huntington Township Chamber of Commerce’s Celebrate LI’s Young Professionals Recogni

March 12, 2009

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T&E Associate, Robert M. Harper, Authors Article on NY Law & Posthumously Conceived Children

Dead Hand Problem: Why New York’s Estates, Powers and Trusts Law Should Be Amended to Treat Posthumously Conceived Children as…

November 25, 2008

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Press Releases

Robert M. Harper, Edward D. Baker, Cheryl L. Erato, and Nicholas G. Moneta Receive New York State Bar Association Appointments

On January 16, 2019, Robert M. Harper began a one-year term as Chair of the NYSBA’s Trusts & Estates Law…

January 21, 2019

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30 Farrell Fritz Attorneys Recognized as 2018 Leading Lawyers in Their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys selected to the 2018 New York Metro Super Lawyers and New…

September 13, 2018

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Robert M. Harper of Farrell Fritz to be Honored by Touro Law Center as a Public Interest/Pro Bono Attorney of the Year

Farrell Fritz is pleased to announce that Robert M. Harper, counsel in the firm’s estate litigation practice group, will be…

March 14, 2018

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Farrell Fritz Receives Tier 1 Ranking in 2018 U.S. News – Best Lawyers’ “Best Law Firms”

Farrell Fritz is pleased to announce that, for the sixth consecutive year, the firm has received a Tier 1 Ranking…

November 01, 2017

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31 Farrell Fritz Attorneys Recognized as 2017 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 31 attorneys selected to the 2017 New York Metro Super Lawyers and New…

September 20, 2017

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Farrell Fritz Promotes Five Attorneys in its Uniondale Office

Farrell Fritz is pleased to announce the promotions of Kathryn (Katy) Carney Cole, David (Dave) M. Curry, Kristina M. Wesch…

January 04, 2017

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30 Farrell Fritz Attorneys Recognized as 2016 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys selected to the 2016 New York Metro Super Lawyers and New…

September 21, 2016

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Robert M. Harper Appointed to NYSBA Committee on Civil Practice Law and Rules

Farrell Fritz congratulates Robert (Rob) M. Harper on his recent appointment to the New York State Bar Association’s Committee on…

June 10, 2016

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30 Farrell Fritz Attorneys Recognized as 2015 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys selected to the 2015 New York Super Lawyers and New York…

September 16, 2015

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Robert M. Harper Elected to the Suffolk County Bar Association’s Board of Directors

Congratulations to our associate Robert M. Harper on his recent election to the Suffolk County Bar Association’s (SCBA) board of…

May 05, 2015

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Robert M. Harper Appointed Co-Chair of the Suffolk County Bar Association’s Surrogate’s Court Committee

Farrell Fritz congratulates trusts and estates associate Robert M. Harper on his recent appointment as co-chair of the Suffolk County…

October 20, 2014

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Farrell Fritz Attorneys to Receive Long Island Business News’ “2014 Leadership in Law” Awards

Farrell Fritz warmly congratulates Charlotte A. Biblow, Heather P. Harrison and Robert M. Harper on being selected to receive Long…

October 03, 2014

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30 Farrell Fritz Attorneys Recognized as 2014 Leading Lawyers in their Respective Areas of Practice

Farrell Fritz had a combined total of 30 attorneys named to the 2014 New York Super Lawyers and New York…

September 23, 2014

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Robert M. Harper Named Fellow of The New York Bar Foundation

Farrell Fritz is pleased to announce that Robert M. Harper has recently been named Fellow of The New York Bar…

May 23, 2014

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Robert M. Harper of Farrell Fritz Named Co-Chair of the NYSBA Trusts and Estates Law Section’s Legislation & Governmental Relations Committee

Robert M. Harper, an associate in Farrell Fritz’s trusts and estates department, has been named co-chair of the New York…

January 25, 2013

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Farrell Fritz Associate, Robert M. Harper, Elected Suffolk Academy of Law Officer

Farrell Fritz is pleased to announce that trusts and estates associate Robert M. Harper has recently been elected an officer…

June 05, 2012

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Robert M. Harper Helps Lead Hofstra Law Team to Regional Championship at National Moot Court Competition

Robert M. Harper is a trusts and estates associate at Farrell Fritz, an Adjunct Instructor at the Maurice A. Deane…

December 01, 2011

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Farrell Fritz Associate, Robert M. Harper, Appointed to NYSBA Trust & Estates Law Section Committee

Farrell Fritz, P.C. is pleased to announce that trusts and estates associate, Robert M. Harper, has been appointed Vice Chair…

February 03, 2011

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Farrell Fritz Associates Making a Difference in the Legal Community

Farrell Fritz, P.C. congratulates three of its trusts and estates associates for their exemplary volunteer efforts in supporting the Suffolk…

April 15, 2010

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Farrell Fritz Associates to Receive Huntington CofC’s Celebrate LI’s Young Professionals Recognition Award

March 05, 2009

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Recognition

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AV Preeminent Martindale- Hubbell

Peer Review Rating

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Touro Law Center

Public Interest/Pro Bono Attorney of the Year 2018

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Super Lawyers

New York Metro Rising Stars (Estate & Trust Litigation) 2015–2018

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Long Island Business News

Ones to Watch in Law 2011

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Hofstra University School of Law

Interscholastic Team Coach of the Year (Moot Court) 2012