A recent post to this blog titled You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?, discussed New York’s recently-enacted digital assets legislation, and Surrogate Mella’s decision in Matter of Serrano, regarding whether the fiduciary of
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.
Latest from New York Trusts & Estates Litigation - Page 6
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 precluded from making an alternative disposition, either during lifetime or upon death. In this blog post, Brian Corrigan discusses Schwartz…
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 legal requirements of the Statute of Frauds. The Restatement (Second) of Contract, Section 139, endorses this principle, providing:
“A promise…
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 may have a surprise in store. Over the past several months, Surrogates have explored the issue of receipts and releases,…
Removed Corporate Trustee’s Refusal to Turn Over Trust Assets to Individual Trustee Was Prudent and Appropriate
In Matter of Sinzheimer, the New York County Surrogate’s Court held that a corporate co-trustee that had been “removed” pursuant to the terms of the trust agreement was not required to deliver the trust’s assets to the sole individual trustee…
You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?
E-mail is seemingly omnipresent. Yet, the improvements to the technology associated with e-mail have far outpaced the development of the law concerning our e-mail accounts and the rights that our survivors may have to access those accounts upon our deaths.…
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 an issue on its own motion when justice or the exercise of its inherent or statutory power requires. In our…
Speculation, Estate Planning, and Legal Malpractice
In Gersh v. Nixon Peabody, LLP, the court addressed a legal malpractice claim brought by a decedent’s surviving spouse in connection with the couple’s estate planning. After settling a claim with the decedent’s children from a prior marriage that was…
Sometimes It’s Just a Question of Standing
To object to the probate of a will, party must have a pecuniary interest that would be adversely affected by the admission of the instrument to probate. In Estate of Saunders, the Kings County Surrogate’s Court recently issued two decisions…
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 there is a right to a trial by jury. In this entry, Robert Harper explains why no such right exists in the case of…