Nick Reiner stands accused, but not convicted, of killing his parents, Rob and Michele Reiner (Carly Thomas, “Nick Reiner Blocked from Trust Fund Due to ‘Slayer Statute’ Amid Charges for Parents’ Murder”, The Hollywood Reporter, [last viewed on
New York Trusts & Estates Litigation
The New York Trusts & Estates Litigation blog, published by Farrell Fritz, P.C., focuses on legal issues related to trusts, estates, and probate matters within New York State. It covers topics such as contested wills, trust administration, guardianship proceedings, estate tax considerations, and the enforcement and interpretation of trust provisions. The blog also addresses recent court decisions impacting estate planning and litigation, including issues like lost wills, in terrorem clauses, and the use of artificial intelligence in legal evidence. It provides updates on statutory changes, procedural requirements in Surrogate's Court, and fiduciary duties relevant to estate and trust disputes.
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Latest from New York Trusts & Estates Litigation
In New York, Are a Decedent’s Survivors Entitled to See the Decedent’s Electronic Communications After the Decedent Dies?
After a person passes away, a decedent’s survivors oftentimes attempt to access the decedent’s electronic communications. Whether motivated by mere curiosity or a desire to better understand the circumstances that led to a decedent’s death, decedents’ survivors have not had…
Is An Unrecorded Document Called a “Survivorship Deed” That Predates New York’s Transfer-On-Death Deed Legislation Enforceable?
In 2024, the New York Legislature enacted Real Property Law (“RPL”) § 424, which codified New York’s public policy in favor of transfer-on-death deeds that provide for real property to pass to beneficiaries named therein upon property owners’ deaths (…
New York Trusts and Estates Legislative Developments of Which to be Aware in 2026 and Beyond
Last year, the New York Legislature (the “Legislature”) enacted, and Governor Kathy Hochul signed, into law several pieces of legislation that are likely to significantly impact trusts and estates practice in 2026 and beyond. The legislation in question concerns (a)…
Remainder Beneficiaries of a Revocable Trust May Lack Standing to Seek a Trust Accounting for the Period Prior to the Grantor’s Death
When representing fiduciaries in litigation that estate and trust beneficiaries commence, my Farrell Fritz, P.C. colleagues and I seek to limit the fiduciaries’ exposure to liability. One way to accomplish that objective is to narrow the period for which beneficiaries…
Constructive Trust Claims
Constructive trust claims regularly arise in trusts and estates litigation. Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that a constructive trust should be imposed on certain assets, I…
Undue Influence Objections in Will Contests
When a petitioner offers a will for probate, and the propounded instrument’s validity is contested, objectants oftentimes raise undue influence as an objection to the admission of the will to probate. By alleging undue influence, an objectant essentially contends that…
Will New York Law Allow for the Electronic Execution of Wills?
Under New York’s Electronic Signatures and Records Act, a person can electronically sign many types of documents that have legal significance (Technology Law §§ 301, § 304 |– 306). At the present time, however, wills and…
The Presumption of Revocation that Oftentimes Applies to Lost Wills
New York law generally requires that, to have a will admitted to probate, a party offering the will for probate must file the original instrument with the Surrogate’s Court (Margaret V. Turano, Practice Commentaries: SCPA § 1407 [McKinney’s]). When an…
Invalidating Legal Documents and Transactions in Article 81 Guardianship Proceedings
By Bret Cahn
Much has been written about courts invalidating instruments or transactions after a person’s death. Courts invalidating instruments or transactions during a person’s lifetime is discussed less often. A mechanism for doing so is found in Article 81 of the Mental…