An in terrorem clause, commonly found in wills and trusts, is a legal provision designed to deter beneficiaries from challenging the validity of the document or taking legal action against the estate. Also known as a no-contest clause, it threatens
New York Probate and Estate Administration Lawyer Blog
The New York Probate and Estate Administration Lawyer Blog, published by Stephen Bilkis, focuses on legal issues related to probate, estate administration, and trust disputes within New York. It covers topics such as court-ordered property sales among co-owners, jurisdictional questions in wrongful death and personal injury settlements, the interpretation and enforcement of in terrorem clauses in wills and trusts, challenges involving foreign probate proceedings, and the application of intestate succession laws. The blog analyzes relevant court decisions and legal principles that affect estate distribution, creditor claims, and dispute resolution in probate matters.
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Surrogate’s Court refused to restrain a foreign proceeding, allowing probate to proceed in Israel. Matter of Cohen 2004 NY Slip Op 24426
When attempting to probate a will in New York that originated in another country, several issues may arise. The court must navigate differences in legal systems, questioning the validity of the foreign will under New York law. Considerations include the…
Surrogate’s Court considered whether to enforce a settlement agreement made through alternative dispute resolution.Matter of Eckert 2022 NY Slip Op 50095(U)
When someone dies intestate in New York, it means they passed away without a valid will. In this situation, the New York’s laws step in to determine how the deceased person’s estate will be distributed. If the decedent has both…
Court denied the requested transfer of the trusts’ situs to Delaware. Matter of Bush 2003 NY Slip Op 23933
This legal case involves JPMorgan Chase Bank’s petition to resign as a trustee for trusts created by Harriet F. Bush and Donald F. Bush. The court has already granted their request for resignation and appointed J.P. Morgan Trust Company of
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Should the court compel turnover of corporate minutes relevant to an estate? Matter of Baugher 2014 NY Slip Op 51090(U)
In estate proceedings, the involvement of corporate holdings, like a company owned by the deceased, can significantly affect the distribution of assets. Imagine someone owned a business worth millions when they passed away. Now, their estate has to be sorted…
Google is obligated to disclose contacts and calendar information under EPTL 13-A-3.2. Matter of Serrano 2017 NY Slip Op 27200
A New York small estate proceeding is a simplified legal process for handling the assets of a deceased person when their estate is relatively small. It streamlines the probate or administration process, making it quicker and less complex. Typically, it’s
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The court considered whether the renunciation of an interest in an estate was effective. Matter of Fakhra 2023 NY Slip Op 23201
Matter of Fakhra, 2023 NY Slip Op 23201 involves a dispute within a small estate proceeding following the intestate death of the decedent in May 2020. The two adult children, Sara Nabil Fakhra (Petitioner) and Aous Fakhra (Respondent), were appointed…
Department of Social Services’ potential standing as an interested party in wrongful death compromise proceedings. Matter of Maier, 178 Misc. 2d 1061 (N.Y. Surr. Ct. 1998)
Matter of Maier, 178 Misc. 2d 1061 (N.Y. Surr. Ct. 1998) is about a wrongful death compromise proceeding and sheds light on the nuanced intersection of personal injury law, estate distribution, and the role of social services.
Wrongful death actions…