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Estate Litigation

Protecting our clients’ interests and assets in all types of disputes.

The experienced estate and trust litigation lawyers at Farrell Fritz have been involved in some of the most complex, high-profile cases in New York, including the estates of Doris Duke, Jean Stralem, Andy Warhol, Arthur Sackler, Brooke Astor, and Huguette Clark.

Our estate and trust litigation team offers the skill and expertise required for any estate or trust related proceeding, combining in-depth knowledge of Surrogate’s Court practice and procedure with extensive experience in taxation, as well as an acute understanding of estate planning and administration.

Our attorneys have successfully represented individuals and entities in a broad range of litigation, including:

  • Contested probate, fiduciary accounting and guardianship proceedings
  • Proceedings for the discovery and turnover of estate or trust assets
  • Gift-related litigation
  • Tax court proceedings
  • Valuation disputes
  • Proceedings involving fiduciary duties and responsibilities, confidential relationships, investment performance, interests in closely held corporations, and matters involving undue influence

In addition to Surrogate’s Court matters, our estate litigators have appeared in estate-related matters in many other judicial settings, including appellate courts, federal district court, tax court, and state Supreme Court. Our team has also represented parties for the purpose of avoiding litigation.

Professionals

John J. Barnosky

Partner
Uniondale

Neil V. Carbone

Partner
New York City

Ilene S. Cooper

Partner
Uniondale

Brian P. Corrigan

Partner
New York City

Robert M. Harper

Partner
Uniondale

John R. Morken

Partner
Uniondale

Eric W. Penzer

Partner
Uniondale

Frank T. Santoro

Partner
New York City

Edward D. Baker

Counsel
Uniondale

Bret Cahn

Counsel
New York City

Jaclene L. D’Agostino

Counsel
Uniondale

John W. Giblin Jr.

Counsel
Uniondale

Maria Lianos Johnson

Counsel
Uniondale

Spencer L. Reames

Counsel
New York City

Allison A. Gatoff

Associate
Uniondale

Devin Laudenschlager

Associate
Uniondale

Shane Magnetti

Associate
New York City

Yi W. Stewart

Associate
Uniondale

Recent Blog Posts

THE ADMISSION OF REMOTELY WITNESSED WILLS TO PROBATE IN NEW YORK

In 2021 and 2022, I wrote about Surrogate’s Court decisions that addressed the admission of remotely witnessed wills to probate…

February 12, 2024

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February 12, 2024

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Matter of Samuel – Artificial Intelligence Hallucinates and an Incapacitated Person Makes a Will

Artificial Intelligence (“AI”)  made legal and mainstream news in 2023.  In a highly publicized and widely discussed case, Mata v.…

January 29, 2024

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January 29, 2024

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The Probate Exception to Federal Jurisdiction – From Woitovich (Part 1) to Bulgari (Part 2)

For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of…

October 18, 2023

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October 18, 2023

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SCPA 2103 Proceedings – A Fiduciary’s Right to Commence a Licensed Fishing Expedition

A discovery proceeding pursuant to SCPA 2103 may be commenced by any legal representative of the estate, including a preliminary…

May 25, 2022

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May 25, 2022

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Third Department Examines In Terrorem Clause

The recent opinion by the Appellate Division, Third Department, in In re Strom Irrevocable Trust III, 2022 NY Slip Op…

May 13, 2022

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May 13, 2022

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Appellate Division Addresses the Removal of a Fiduciary

While the removal of a fiduciary has long been the subject of Surrogate’s Court opinions, it is not often that…

May 06, 2022

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May 06, 2022

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THE CHALLENGE OF FINDING ADMISSIBLE EVIDENCE IN ABANDONMENT PROCEEDINGS

Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective…

April 25, 2022

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April 25, 2022

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The Case Settled

Courts greatly appreciate when parties settle their disputes by agreement.  Settlements alleviate the courts of the burden of overwhelming caseloads,…

March 29, 2022

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March 29, 2022

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SURROGATE’S COURT PROVIDES GUIDANCE ON PROVING THE VALIDITY OF A REMOTELY WITNESSED WILL

In January 2021, I wrote about Broome County Surrogate David H. Guy’s decision in Matter of Ryan, in which Surrogate…

March 07, 2022

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March 07, 2022

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The Court of Appeals Takes a Look at an Undue Influence Claim from a Non-Jury Trial

The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward…

January 24, 2022

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January 24, 2022

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The Answer is Almost Always No

Following up on the question posed in a post from a few years ago: when clients ask whether they can…

January 18, 2022

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January 18, 2022

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Father Disqualified as Child’s Intestate Distributee for Failure to Support

In the recent case Matter of Lee, New York County Surrogate’s Court granted a motion for summary determination that decedent’s…

June 07, 2021

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June 07, 2021

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The Remedy of Eviction in the Surrogate’s Court

When thinking of the Surrogate’s Court, jurisdiction over eviction proceedings does not normally come to mind. Yet, over the past…

April 19, 2021

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April 19, 2021

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The Resolution of Interstate Adult Guardianship Disputes in New York

Given the travel restrictions that have arisen during the COVID-19 pandemic, it is unlikely that many recently-commenced adult guardianship proceedings…

March 29, 2021

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March 29, 2021

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Admission of Remotely Witnessed Will to Probate

In an April 2020 post to this Blog entitled “The Remote Witnessing of Estate Planning Documents during the COVID-19 Pandemic,”…

January 29, 2021

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January 29, 2021

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Non-Marital Child’s Legitimacy is Presumed for All Purposes of New York Law, Including Inheritance, When Parents Marry After the Child’s Birth

When a child is born to parents who are not married, the child oftentimes must satisfy Estates, Powers and Trusts…

January 11, 2021

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January 11, 2021

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Voiding a Stipulation of Settlement – Not as Simple as Changing Your Mind

Stipulations of settlement often serve as the objective in Surrogate’s Court litigation, ending disputes and the ongoing expense of controversy.…

April 29, 2020

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April 29, 2020

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Can’t We All Just Get Along: When Non-Cooperation Leads to Removal

All too often co-fiduciaries do not see eye to eye in the administration of an estate or trust. They can…

April 16, 2020

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April 16, 2020

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THE REMOTE WITNESSING OF ESTATE PLANNING DOCUMENTS DURING THE COVID-19 PANDEMIC

April 08, 2020

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TO INFINITY AND BEYOND (OR AT LEAST APRIL 18, 2020): NEW YORK STATE LAW TEMPORARILY AUTHORIZES THE REMOTE NOTARIZATION OF DOCUMENTS

With the spread of COVID-19 in this State, New York’s government has taken unprecedented steps to address many issues that…

March 30, 2020

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March 30, 2020

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SURROGATE’S COURTS’ RESPONSE TO THE CORONAVIRUS

Like other government institutions, New York State Surrogate’s Courts are figuring out how to function during the coronavirus pandemic. The…

March 20, 2020

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March 20, 2020

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The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?

Since the last post to this blog on the evolving issue of access to a decedent’s digital assets (Death and…

February 26, 2020

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February 26, 2020

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Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a Subpoena Requiring Production of ESI

New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be…

February 12, 2020

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February 12, 2020

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Waiving a Decedent’s Attorney-Client Privilege

“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is…

January 08, 2020

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January 08, 2020

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A Reminder that Pre-Objection SCPA § 1404 Exams are Not Simply Article 31 “Depositions”

SCPA § 1404 requires that “at least two attesting witnesses must be produced before the court and examined before a…

October 16, 2019

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October 16, 2019

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Fiduciary Self-Dealing

One of the most fundamental duties of a fiduciary is the duty of loyalty. That is, every fiduciary must administer…

April 17, 2019

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April 17, 2019

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Death and Digital Content: Protecting Digital Assets After The Death Of A User

In 2016, the New York Legislature enacted a version of the Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital…

March 29, 2019

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March 29, 2019

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Where to Domicile or Where Not to Domicile. That is the Question.

In a recent decision in the Estate of Grunwald (NYLJ Jan. 28 2019, at 33 [Sur Ct, Richmond County]), Surrogate…

February 21, 2019

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February 21, 2019

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Wrongdoer Deprived of Elective Share

Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right…

January 23, 2019

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January 23, 2019

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Testator Intent and In Terrorem Clauses

My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling…

January 17, 2019

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January 17, 2019

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Hasta La Vista, Exoneration Clauses

Exoneration clauses seek to excuse fiduciaries, most notably executors and trustees, from liability for the failure to exercise reasonable care…

September 26, 2018

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September 26, 2018

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Treasure and Trinkets

It is easy to be cynical about the “pots and pans,” “tchotchkes,” and “junk” – – the property that is…

September 14, 2018

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September 14, 2018

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“Can I sue them for legal fees?”

This is a common question from clients involved in litigation – – especially estate litigation. As a general rule, a…

August 30, 2018

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August 30, 2018

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Heart v. Head: A Judge’s Conundrum

Judicial oaths require that judges rule on the law, putting their personal feelings aside.  Indeed, judges’ personal opinions are presumed…

May 04, 2018

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May 04, 2018

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Waiver of Right of Election: Correction of Defective Acknowledgment

With a specific statute (Domestic Relations Law §236(3)) mandating that pre-nuptial agreements must be acknowledged, and with a specific statutory…

March 12, 2018

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March 12, 2018

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An Update On A Fiduciary’s Access To The Digital Records Of A Decedent

A recent post to this blog titled You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?, discussed New…

December 19, 2017

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December 19, 2017

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Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition

A person who executes a valid agreement to make a testamentary disposition as to a specific item of property is…

December 12, 2017

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December 12, 2017

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The Court of Appeals Examines the Promissory Estoppel/Statute of Frauds Relationship

In the past, New York Courts have demonstrated a willingness to apply the theory of promissory estoppel, to overcome the…

November 07, 2017

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November 07, 2017

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Releases: End of the Road or Just a New Beginning?

The fiduciary who thinks a receipt and release is the answer to all future claims for an accounting and liability…

October 06, 2017

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October 06, 2017

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Removed Corporate Trustee’s Refusal to Turn Over Trust Assets to Individual Trustee Was Prudent and Appropriate

One of the most important considerations in creating a trust is selecting the appropriate trustee. Oftentimes this involves determining whether…

August 21, 2017

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August 21, 2017

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You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?

E-mail is seemingly omnipresent. Day in and day out, we use it in our business, social, and personal affairs. Yet,…

July 24, 2017

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July 24, 2017

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On Its Own Motion

While most decisions rendered by the Surrogate’s Court result from an affirmative request for relief, occasionally the court will address…

June 09, 2017

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June 09, 2017

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Speculation, Estate Planning, and Legal Malpractice

thatIn some will contests, lawyers will speculate that the decedent may have misled people as to his true estate plan, either…

April 28, 2017

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April 28, 2017

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Sometimes It’s Just a Question of Standing

A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that,  any person whose interest…

March 31, 2017

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March 31, 2017

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Jury Trials in Surrogate’s Court Removal Proceedings

As parties prepare for trial before the Surrogate’s Court, a question that oftentimes arises is whether the parties have a…

March 03, 2017

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March 03, 2017

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Fiduciary Imprudence: When the Sale of an Asset Results in a Surcharge

Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending…

February 10, 2017

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February 10, 2017

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Executor’s Duties Before Receiving Letters

A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary…

February 03, 2017

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February 03, 2017

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Lessons to be Learned From the Power of Attorney

Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also…

January 20, 2017

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January 20, 2017

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Sharp as a Tack . . . Clear as a Bell

Very often, when the proponent of a will (and sometimes even the attorney-draftsperson or witness) is questioned about the decedent’s…

January 05, 2017

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January 05, 2017

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A Flood . . . in the Basement

Having examined countless witnesses in probate and other contested Surrogate’s Court proceedings, many of us have grown accustomed to learning that…

November 22, 2016

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November 22, 2016

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Article 17-A Guardianship: It is Not for Everyone

In two recent decisions, Surrogate Lopez Torres of Kings County denied petitions for guardianship under SCPA Article 17-A, demonstrating the…

September 29, 2016

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September 29, 2016

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Recent Amendment Creates Further Exception to Attorney-Client Privilege

On August 19, 2016, Governor Cuomo signed into law an amendment to CPLR §4503(b) which creates another exception to the…

September 08, 2016

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September 08, 2016

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Coordinating a Testator’s Intention with Public Policy Can Prove Challenging When Construing an In Terrorem Condition

In construing an in terrorem provision, or any part of a will, the paramount consideration is identifying and carrying out…

August 11, 2016

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August 11, 2016

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What is a Confidential Relationship and How Does it Affect a Probate Contest?

Estate litigators arguably see more probate contests than any other type of conflict. While the details are always unique, they…

July 28, 2016

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July 28, 2016

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Proof of Wrongdoing and the Right of Election

In 2010, the Appellate Division, Second Department, made it clear that principles of equity grounded in rules of forfeiture can…

July 14, 2016

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July 14, 2016

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Court Denies Motion to Dismiss Turnover Proceeding as Time Barred

A recent decision of the Kings County Surrogate’s Court[1] demonstrates the importance of thoroughly analyzing all aspects of a statute…

June 23, 2016

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June 23, 2016

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Representation of Charities by the Attorney General

Many estate practitioners are familiar with litigated matters in which a charity interested in the proceeding is cited, as is…

May 23, 2016

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May 23, 2016

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Contingency Fees – Size Matters

While the Court of Appeals last year upheld the validity of contingency fee agreements in estate matters, especially in litigation,…

March 17, 2016

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March 17, 2016

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A Real-Life Final Exam Fact Pattern: That Pesky Per Stirpes Statute

As the year draws to a close, I sometimes recall the stresses of final exam season from my law school…

December 24, 2015

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December 24, 2015

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The Essentials of a Discovery Proceeding

This month’s blog post will address a recent decision by the Appellate Division, First Department, entered in In re Perelman,…

November 30, 2015

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November 30, 2015

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Dishonesty and Improvidence as Grounds for Disqualification of a Fiduciary

A recent decision of the Richmond County Surrogate’s Court addressed a frequently litigated issue in Surrogate’s Court litigation – –…

August 14, 2015

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August 14, 2015

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Ademption Results from Attorney-in-Fact’s Sale of Specifically Bequeathed Asset

In Matter of Conklin, 2015 NY Slip Op 25094 (Sur Ct, Nassau County 2015), a contested accounting proceeding, the Nassau…

April 30, 2015

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April 30, 2015

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Court Enjoins Trustees from Going to Texas for a “Second Bite at the Apple” to Stop Beneficiaries from Inheriting

In a March 6, 2015 decision in Levien v Johnson, NYLJ 1202721296511, at *1 (Sur Ct, New York County), the…

March 30, 2015

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March 30, 2015

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In re Lawrence: What the Court of Appeals Says About Gifts from Client to Lawyer

On October 28, 2014, the Court of Appeals rendered its long awaited decision in In re Lawrence, 2014 NY Slip…

February 19, 2015

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February 19, 2015

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In Terrorem Provisions That Violate Public Policy

In terrorem clauses generally provide that, where a beneficiary under a testamentary instrument unsuccessfully challenges the instrument’s validity, the beneficiary…

November 25, 2014

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November 25, 2014

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Appellate Division Upholds Equitable Extension of Slayer Rule

New York’s “slayer rule” essentially provides that if an individual kills another person, he has automatically forfeited any interest he…

October 03, 2014

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October 03, 2014

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“Easy” Cases Make Bad Law Too

In a decision that could well cause even the most casual trusts and estates practitioners to scratch their proverbial heads…

August 08, 2014

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August 08, 2014

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

Although summary judgment in a contested probate proceeding historically has been rare, the recent trend has been for Surrogate’s Courts…

July 11, 2014

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July 11, 2014

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To be Family or Not to be Family? That is the Question

Two recent decisions from the New York County Surrogate’s Court attempt to answer this question.  In Estate of Weisberg, decided…

May 30, 2014

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May 30, 2014

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Charitable Pledges: Not Found Money, You Have to Earn Them

A donor writes in a pledge amount, signs the pledge card, hands it over to the charity, and is absolutely committed to…

April 30, 2014

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April 30, 2014

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How “Absolute” is Absolute Discretion?

Sometimes language contained in wills and trusts can be misleading to the lay person.  For example, while they are good…

March 28, 2014

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March 28, 2014

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Appellate Division: Issue of Fact Prevents Summary Disposition of Abandonment Allegations

My most recent blog post, titled No Sex, No Elective Share?, discussed a recent case involving allegations of constructive abandonment…

February 13, 2014

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February 13, 2014

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No Sex, No Elective Share?

A recent decision emanating from the Surrogate’s Court, Kings County, Matter of Nichols, N.Y.L.J., Nov. 15, 2013, p.40, addresses the rarely litigated issue of…

January 31, 2014

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January 31, 2014

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Tax Considerations in Will Contests – Part 2

Continuing the discussion of tax considerations in settling probate contests, the following additonal issues should be considered. Marital Deduction In determining the…

January 16, 2014

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January 16, 2014

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Tax Considerations in Will Contests

The period following someone’s death can be an emotional time. Unfortunately, the period of administration of the decedent’s estate can be…

December 12, 2013

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December 12, 2013

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The Psychiatric Expert in Probate Proceedings

In probate proceedings involving the issue of testamentary capacity, parties frequently present testimony at trial from an expert psychiatrist.  It…

November 22, 2013

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November 22, 2013

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Attorney’s Fees: Not for the Taking

While attorney’s fees incurred by the fiduciary are generally reimburseable from an estate as a reasonable and necessary expense of…

September 30, 2013

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September 30, 2013

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Reformation Proceeding – Brigati Irrevocable Insurance Trust

In Matter of Brigati, Surrogate Czygier of Suffolk County addressed an application to reform the decedent’s life insurance trust, which contained…

August 29, 2013

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August 29, 2013

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When a Black Letter Rule Meets a Gray Area: the “Slayer Rule” and the Insanity Defense

Most estate attorneys are familiar with the concept of the so-called “slayer rule” whereby a person responsible for the murder…

August 09, 2013

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August 09, 2013

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Surrogate Removes Fiduciary Sua Sponte For Misrepresentations In Petition

    A recent post to this blog discussed a case in which a court declined to remove a fiduciary…

May 13, 2013

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May 13, 2013

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Potential Conflict of Interest Insufficient to Disqualify Nominated Fiduciary

  “A testator’s choice of executor should be given great deference” (see Matter of Palma, 40 AD3d 1157, 1158 [3d…

April 03, 2013

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April 03, 2013

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Appellate Division Decides Case of First Impression Concerning “Adopted Out” Child’s Right Of Inheritance

              The term “adopted-out” child, commonly used by the courts, refers to a child adopted out of his or…

March 04, 2013

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March 04, 2013

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Exploring Abandonment in the Context of a “Marriage of Convenience”

Can a surviving spouse be guilty of abandonment, consequently forfeiting the presumptive right to administer her deceased spouse’s estate, if…

January 17, 2013

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January 17, 2013

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The Slayer Rule Revisited

As I wrote in a prior post, dated February 25, 2011, concerning the Estate of Dianne Edwards, the “slayer rule”…

December 21, 2012

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December 21, 2012

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Infants as Parties to Stipulations of Settlement in Surrogate’s Court Proceedings

Generally, where an infant or someone under another disability is a necessary party to an action, it is the parent…

November 16, 2012

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November 16, 2012

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

Estate litigation oftentimes arises when parents favor one or more of their children over others in their estate plans. Fortunately,…

October 16, 2012

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October 16, 2012

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Two Recent Decisions That Have Validated and Invalidated Inter Vivos Gifts

Gifting, a fundamental tool of estate planning, is often fodder for estate litigation. This blog post will address two decisions,…

August 30, 2012

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August 30, 2012

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Attorney-In-Fact has Authority to Amend an Irrevocable Trust Pursuant to EPTL 7-1.9

 Estate planning attorneys who prepare durable New York powers of attorney for their clients often counsel them to exercise care…

August 01, 2012

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August 01, 2012

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Validity of Decedent’s Marriage the Focus of Application to Vacate Stipulation of Settlement

 The validity of a decedent’s marriage is a topic that is litigated in Surrogate’s Courts with increasing frequency. A determination…

June 01, 2012

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June 01, 2012

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Potential Creditor of Trust Beneficiary Not Interested Party In Accounting Proceeding

Determining the identity of permissible or necessary parties to an accounting proceeding is often a simple task. But in rare cases, the…

March 30, 2012

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March 30, 2012

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Provision in Pre-Nuptial Agreement to Create Trust for Children is Enforceable

The Pre-Nuptial Agreement entered into by decedent provided that on his death, 70% of the value of his gross estate…

March 01, 2012

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March 01, 2012

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Unlawful Marriages and the Right of Election

Under New York law, a decedent is prohibited from disinheriting his or her surviving spouse (see Margaret Valentine Turano, Practice…

February 16, 2012

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February 16, 2012

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Court Awards Compensatory and Punitive Damages, and Attorney Fees, for Fraud in Probating Will

Stacey Castor (“Stacey”) made national news in 2007, arising from the 2005 murder of her husband, David Castor, Sr., (“Decedent’)…

January 13, 2012

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January 13, 2012

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Issues of Undue Influence

Undue influence is an issue commonly associated with Surrogate’s Court proceedings. Indeed, it is often the linchpin to the outcome…

December 29, 2011

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December 29, 2011

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Appellate Division Decides Case Of First Impression Regarding Joint Tenancy Issue

In Trotta v. Ollivier, the Appellate Division, Second Department, decided an issue of first impression in any New York State…

December 01, 2011

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December 01, 2011

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Was it a Convenience Account?

A convenience account is exactly as it sounds – an account on which the holder adds someone else’s name for…

October 21, 2011

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October 21, 2011

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Court Decides Issue Of Standing To Participate In Cy Pres Proceeding

In a recent decision in the Matter of Lally, the Schenectady County Surrogate’s Court decided an issue of standing on…

September 23, 2011

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September 23, 2011

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Revoking Marriages in Article 81 Proceedings

As the problem of elder abuse has become increasingly prevalent in recent years, so too has the need to protect…

August 25, 2011

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August 25, 2011

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Fiduciary Beware: Contested Accounting in the Face of Exoneration Clause Results in Liability for Inter Vivos Trustee

Although exoneration clauses in a testamentary trust will not, as a matter of public policy, absolve a trustee of liability…

August 11, 2011

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August 11, 2011

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Who are the Distributees?

Attempting to determine the rightful intestate distributees of decedents in kinship hearings can be interesting. To illustrate, in the most general…

July 29, 2011

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July 29, 2011

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More Tales from the Crypt: The Right of Sepulcher, Decedent’s Intent and Disposition of Human Remains

Two years ago, in “Tales from the Crypt: Disposing of Human Remains in New York”, I wrote that: “[i]n New…

July 14, 2011

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July 14, 2011

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“After Acknowledged Children” Denied Inheritance Rights

Although acknowledging that the Appellants’ position was “sympathetic”,  on June 14, 2011, the Appellate Division, Second Department affirmed the decision of…

June 30, 2011

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June 30, 2011

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19 Year-Old Instrument Denied Probate as Ancient Document

Generally, the testimony of at least one attesting witness is required to probate a will. But practitioners will sometimes face a…

June 07, 2011

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June 07, 2011

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A View from the Appellate Bench

Over the past several months, the Appellate courts have been actively engaged in determining issues pertinent to the field of…

May 17, 2011

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May 17, 2011

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Surrogate: Dog Groups Barking Up The Wrong Tree

This is my third “dog pun” post in as many years.  If you’ve read this blog since its inception, or…

May 09, 2011

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May 09, 2011

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Undue Influence or Duress?

In a recent decision in the Estate of Mildred Rosasco , Surrogate Glen carefully explains the difference between undue influence and…

April 28, 2011

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April 28, 2011

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Same-Sex Marriages and the Marriage Recognition Rule

A recent decision of the Appellate Division, First Department, demonstrates that notwithstanding the New York State Legislature’s failure to enact…

April 19, 2011

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April 19, 2011

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Lessons of Constructive Trusts Continued

The recent entry by Jaclene D’Agostino addressed the issue of constructive trusts. From that, we learned that a constructive trust is…

April 11, 2011

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April 11, 2011

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What is a Constructive Trust?

Most simply explained, a constructive trust is an equitable remedy imposed to prevent unjust enrichment (see Simonds v Simonds, 45…

March 28, 2011

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March 28, 2011

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Who May Serve as Fiduciary?

The newly elected Surrogate for Nassau County, Edward W. McCarty III, recently issued a decision in what appears to be…

March 11, 2011

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March 11, 2011

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The Slayer Rule

As articulated by the Court of Appeals in Riggs v Palmer, the so-called “slayer rule” provides that “[n]o one shall…

February 25, 2011

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February 25, 2011

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Lessons From the Bench: Remedies for Breach of Fiduciary Duty

The role of a fiduciary – an executor, an administrator, a trustee, and even a guardian – brings with it…

February 11, 2011

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February 11, 2011

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Construction, Exoneration, Delegation, and Fiduciary Duty

One of the first reported Surrogate’s Court decisions of 2011 comes from Monroe County.  The decision is interesting in that…

January 20, 2011

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January 20, 2011

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Mama Cass’s Estate – California Dreamin’ or a Nightmare?

While the myth that Ellen Naomi Cohen, a/k/a Mama Cass, choked to death on a ham sandwich was debunked years…

January 11, 2011

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January 11, 2011

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Farrell Fritz Estate and Gift Tax Alert: Breaking News

 As you may know, the United States Congress passed the Middle Class Tax Relief Act of 2010 last night. It…

December 17, 2010

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December 17, 2010

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Exception to the American Rule: Shifting Objectants’ Legal Fees to the Surcharged Fiduciary

Jurisdictions within the United States have generally rejected the British concept of the prevailing party’s shifting the burden of litigation…

December 06, 2010

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December 06, 2010

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Witness Beneficiary Rule Applicable to Instrument Executed Outside of New York?

An interesting issue recently arose in an uncontested probate proceeding before the Bronx County Surrogate’s Court, namely, whether the disqualifying…

October 29, 2010

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October 29, 2010

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Motion to Dispense with Testimony of Uncooperative Attesting Witness Denied

In Matter of Smith, 2010 NY Slip Op 20381 (Sur Ct, Bronx County), Surrogate Holzman recently addressed a proponent’s motion…

September 30, 2010

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September 30, 2010

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Hot Topics in Trusts and Estates

The summer has seen a multitude of significant decisions impacting practice and procedure in the Surrogate’s Court. Aside from the…

August 20, 2010

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August 20, 2010

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NYSBA Trusts & Estates Law Section to Discuss Recent Decisions

Dear Readers, At the Fall meeting of the NYSBA’s Trusts and Estates Law Section (October 7-8 in Rochester), I will…

August 04, 2010

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August 04, 2010

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Decedent’s Purported Transfer of Residence To Wife Fails For Non-Delivery of Deed

In Matter of Ross, the Nassau County Surrogate’s Court canceled the recording of a deed pursuant to which the decedent…

July 29, 2010

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July 29, 2010

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Court of Appeals: Fiduciary’s Legal Fees to be Equitably Allocated among Beneficiaries

In Matter of Hyde, 2010 NY Slip Op 05676, decided June 29, 2010, the Court of Appeals held that SCPA…

July 12, 2010

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July 12, 2010

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Estates May Pursue Legal Malpractice Claims on Behalf of Decedents

The Court of Appeals has rendered a landmark decision, chipping away at privity in holding that an estate fiduciary may…

June 21, 2010

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June 21, 2010

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Fiduciary Relationship Leads to Allegations of Constructive Fraud

In a recent case, a New York County Surrogate denied a motion for summary judgment, holding that a trial was…

June 01, 2010

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June 01, 2010

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In Terrorem Clause Construed to Apply to Revocation Proceeding

In a decision issued yesterday by the First Department, the Appellate Division affirmed the Surrogate’s holding that a proceeding pursuant…

April 30, 2010

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April 30, 2010

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Appellate Division Cites Equitable Factors In Denying Entitlement to Elective Share

This month, the Second Department has issued two important decisions on entitlement to an elective share when a marriage occurred…

March 30, 2010

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March 30, 2010

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Estate Fiduciary Wrongly Deprived of Counsel of Choice?

 A recent decision emanating from the Appellate Division, Second Department, Matter of Venezia, implicates two fundamental — and seldom conflicting…

March 19, 2010

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March 19, 2010

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Trustee Permitted to Amend Accounting to Provide for Commissions

In Estate of Homelsky, 1/20/2010 NYLJ 27 (col 1), a Nassau County Surrogate’s Court case, the Trustee, an attorney, moved to amend…

February 10, 2010

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February 10, 2010

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No “Wiggle Room” In After-Born Statute

In Matter of Gilmore, 1/19/2010 NYLJ 21 (col 1), Nassau County Surrogate John B. Riordan declined to expand the reach of…

January 25, 2010

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January 25, 2010

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Summary Judgment Granted, Dismissing Objections and Admitting Will to Probate

In recent years, Surrogate’s Courts have become increasingly inclined to grant motions for summary judgment in contested probate proceedings when…

January 11, 2010

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January 11, 2010

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Articles & Advisories

The Closing Months of the Year

As 2023 came to an end, multiple decisions of interest were rendered by the Appellate and Surrogate’s Courts throughout the…

February 06, 2024

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Year-End Review: Fourth-Quarter Decisions Affecting the Trusts and Estates Field

As 2023 draws to a close, Ilene Cooper considers some of the decisions in the fourth quarter affecting the field…

December 05, 2023

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Mid-Year Review: Interesting Cases That Rounded Out Summer Season

As we enter the final months of 2023, Ilene Sherwyn Cooper considers some of the interesting decisions affecting trusts and…

October 03, 2023

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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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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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News

Neil Carbone Quoted in The Moneyist on MarketWatch – “I gave up a job that I loved passionately’: My husband secretly set up a trust that includes our home and his investments. What should I do?”

Trust and estate planning during marriage requires transparency and careful consideration. Neil Carbone shares his insight with The Moneyist on MarketWatch on navigating complex…

February 23, 2024

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Brian P. Corrigan Quoted in The Moneyist on MarketWatch

Brian P. Corrigan was quoted in The Moneyist on MarketWatch in their latest article “‘They’re threatening to go to a…

February 14, 2024

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Neil V. Carbone Quoted in The Moneyist on MarketWatch

Navigating the complexities of marriage and financial planning is crucial. Neil V. Carbone shares his insight on weighing the benefits of having…

February 01, 2024

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Neil Carbone Quoted in The Moneyist on MarketWatch

Understanding the intricacies of estate matters is crucial. Neil Carbone shared his insight with The Moneyist on MarketWatch regarding the…

January 08, 2024

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Neil V. Carbone Quoted in Financial Advisor: Start Planning Trusts Now For Potential Estate Tax Changes, Advisors Say

The end of favorable estate plan provisions of the 2017 Tax Cuts and Jobs Act may still be more than…

September 28, 2023

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Asian American Bar Association of New York Creates New Trusts & Estates Committee Co-Chaired by Yi Stewart

Congratulations to Yi Stewart on her contributions to the Asian American Bar Association of New York (AABANY) on the formation…

September 19, 2023

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Neil V. Carbone Quoted in Financial Advisor Magazine: What Clients Should Do As Clock Runs Out On Estate Planning

With the deadline looming on the of the 2017 Tax Cuts and Jobs Act, Neil Carbone shared his insights with…

September 14, 2023

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Brian Corrigan on Financially Ever After Widowhood Podcast

The choice of a power of attorney plays a critical role in decision-making for incapacitated individuals. Brian Corrigan joined Stacy Francis of Francis…

August 09, 2023

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‘I love my son, but he is not careful with money.’ I’m retired and want to help my son. Should I buy him a home — and ask him to sign a promissory note?

Farrell Fritz Partner Neil V. Carbone was quoted in a recent MarketWatch Moneyist column discussing what to consider when buying…

February 22, 2023

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My mother excluded me from her will — before she died, my sibling cashed out her annuity policy, on which I was a beneficiary. Should I sue my family?

Farrell Fritz Partner Neil V. Carbone was quoted in a recent MarketWatch Moneyist column regarding a potential estate dispute. The…

January 24, 2023

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Press Releases

Maria Johnson Joins Farrell Fritz’s Estate Litigation Group as Counsel

Farrell Fritz is pleased to welcome Maria Johnson to its Uniondale office as counsel in the Estate Litigation group. Maria…

February 08, 2024

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Farrell Fritz, P.C. Ranked by Best Law Firms® in 2024

Farrell Fritz has been recognized in the 2024 edition of Best Law Firms®, ranked by Best Lawyers®, nationally in two…

November 02, 2023

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23 Farrell Fritz Attorneys Recognized as 2023 Leading Lawyers in Their Respective Areas of Practice

Farrell Fritz has a combined total of 23 attorneys selected to the 2023 New York Metro Super Lawyers and New…

September 26, 2023

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29 Farrell Fritz Attorneys Recognized as 2024 Leading Lawyers by Best Lawyers

Farrell Fritz congratulates 19 attorneys on being selected by their peers for inclusion in The Best Lawyers in America©  2024.…

August 18, 2023

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Farrell Fritz Promotes Two Attorneys to Counsel

Farrell Fritz is pleased to announce the promotions of Edward D. Baker and Bret Cahn to counsel effective January 1,…

January 09, 2023

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Farrell Fritz Receives Tier 1 Ranking in 2023 U.S. News – Best Lawyers’ “Best Law Firms”

Farrell Fritz is pleased to announce that, for the 11th consecutive year, the firm has received a Tier 1 Ranking…

November 03, 2022

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22 Farrell Fritz Attorneys Recognized as 2022 Leading Lawyers in Their Respective Areas of Practice

Farrell Fritz has a combined total of 22 attorneys selected to the 2022 New York Metro Super Lawyers and New…

September 29, 2022

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21 Farrell Fritz Attorneys Recognized as 2023 Leading Lawyers by Best Lawyers

Farrell Fritz congratulates 17 attorneys on being selected by their peers for inclusion in The Best Lawyers in America©  2023.…

August 18, 2022

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Five Farrell Fritz Attorneys Recognized in Chambers 2022 High Net Worth Rankings

Farrell Fritz is pleased to announce that Estate Litigation partners John (Jack) J. Barnosky, Neil V. Carbone, Brian P. Corrigan,…

July 14, 2022

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Farrell Fritz Receives Tier 1 Ranking in 2022 U.S. News – Best Lawyers’ “Best Law Firms”

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

November 04, 2021

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On Demand Webcasts

Discovery in Probate Contests in New York: Examining the Attorney Draftsperson

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