While the removal of a fiduciary has long been the subject of Surrogate’s Court opinions, it is not often that the Appellate Division weighs in on the issue. However, in Matter of Epstein, the Second Department did just that, and
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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THE CHALLENGE OF FINDING ADMISSIBLE EVIDENCE IN ABANDONMENT PROCEEDINGS
By Bret Cahn
Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective share, particularly when there are claims of abandonment. Bret Cahn discusses certain abandonment decisions and the evidentiary issues raised therein,…
The Case Settled
Courts greatly appreciate when parties settle their disputes by agreement. Settlements alleviate the courts of the burden of overwhelming caseloads, and further the public policy of encouraging parties to order their affairs by contract rather than relying on statute and…
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 more expeditiously by way of a bench trial. Recently, the Appellate Division, Fourth Department, and the Court of Appeals passed…
The Answer is Almost Always No
When clients ask whether they can “sue for legal fees,” the courts continue to reiterate that the answer is almost always no; that the American Rule still controls. In our latest post, Frank Santoro discusses recent decisions in the contexts…
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 father was disqualified as a distributee and beneficiary for failure to support decedent. Yi Stewart discusses the decision in our…
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 18 months, the Surrogates of New York and Bronx counties have found cause to order an eviction from estate or…
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 have led to jurisdictional disputes in courts in different states. Pre-pandemic, however, in anticipation of commencing adult guardianship proceedings, parties…
Admission of Remotely Witnessed Will to Probate
In April 2020, Governor Cuomo issued Executive Order 202.14, authorizing the remote witnessing of wills in the midst of the COVID-19 pandemic. Earlier this week, Broome County Surrogate’s Court issued what appears to be the first reported New York decision…
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 often must satisfy the provisions of EPTL 4-1.2 to inherit from the estate of his or her father. However, the Appellate Division’s recent decision in Tiwary v.…