Closing Bell: Three Year-End Decisions From the Surrogate’s Court

February 16, 2018

As the year 2017 came to a close, Surrogate’s Courts throughout the state continued to address a multitude of issues affecting trusts and estates. The past year was, indeed, prolific, as evidenced by opinions related to discovery proceedings, receipts and releases, and the construction of wills. The year’s end was no less abundant in its topics and teachings. Consider the following:

Examination of Additional Witness Authorized

Before the Surrogate’s Court, Nassau County, in In re Biondo, N.Y.L.J., Dec. 11, 2017, at p. 31 (Sur. Ct. Nassau County), was a probate proceeding in which the respondent sought the examination of an attorney who purportedly assisted the attorney draftsperson in the preparation of the propounded Will. Prior to making the motion, the respondent had engaged in the examination of the attorney draftsperson and the two attesting witnesses to the instrument.

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  • Related Practice Areas: Estate Litigation, Trusts & Estates
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  • Publications: New York Law Journal