In the recent decision of Matter of Hassine, the New York County Surrogate’s Court addressed a motion to vacate two pre-trial stipulations entered into by the movants’ prior counsel. Ilene Cooper discusses the case in our latest post.
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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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 usually work through their disagreements, but when they cannot, and their arguing and finger pointing have reached a level where…
THE REMOTE WITNESSING OF ESTATE PLANNING DOCUMENTS DURING THE COVID-19 PANDEMIC
As our everyday life continues to be impacted by the novel coronavirus (COVID-19), Governor Andrew Cuomo has signed various executive orders to address the issues faced by the State and its residents during these unprecedented times. In light of the…
TO INFINITY AND BEYOND (OR AT LEAST APRIL 18, 2020): NEW YORK STATE LAW TEMPORARILY AUTHORIZES THE REMOTE NOTARIZATION OF DOCUMENTS
On March 19, 2020, Governor Cuomo issued Executive Order No. 202.7, which temporarily authorizes the remote notarization of documents in New York until April 18, 2020. Rob Harper provides a summary as to its contents in our latest post.…
Wealth Transfer Opportunities with Devalued Assets
To Our Readers –
Although this is not an Estate Litigation topic, we thought you might be interested in this very timely article because of its impact on estate planning. Special thanks to our Estate Planning Group for preparing this…
SURROGATE’S COURTS’ RESPONSE TO THE CORONAVIRUS
New York State Surrogate’s Courts have advised of their responses to the coronavirus. Edward Baker provides this essential information in our latest post.…
The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?
There have been several New York decisions addressing the evolving issue of access to a decedent’s digital assets since our last post on the subject one year ago. Our latest post provides an update as to the state of the…
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 defrayed by the party issuing the subpoena. May a non-party’s counsel fees related to responding to a subpoena involving the…
Waiving a Decedent’s Attorney-Client Privilege
It is well established that the right to waive the attorney-client privilege survives the death of a client, but case law is still developing concerning who can effectuate a post-death waiver and in what circumstances. The Fourth Department recently addressed…
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 written will is admitted to probate.” Very often, litigators think of examinations pursuant to SCPA § 1404 as examinations before…