Statute
SCPA
14 published works
New York Attorney Malpractice Blog
Attorney Fees, Legal Malpractice Counterclaims and Part 137 Arbitration in an Estate Setting
Matter of Hart 2025 NY Slip Op 04993 Decided on September 17, 2025 Appellate Division, Second Department discusses the applicability of Part 137 arbitrations to legal malpractice defenses and attorney…
A Lawyer's Blog
DISSOLVING AN ARTICLE 17-A GUARDIANSHIP
Matter of M.M., Date filed: 2022-05-23, Court: Surrogate's Court, Richmond, Judge: Surrogate Matthew J. Titone, Case Number: File No. 2010-915/D:"M.M., through his counsel, Disability Rights New York (“DRNY”) and ARMSTRONG…
New York Attorney Malpractice Blog
Surrogate’s Court and Attorney Malpractice
As in all settings, attorney or legal malpractice can be a defense to a fee claim by that attorney. In Matter of Hart, 2022 NY Slip Op 22018, Decided on…
New York Probate Lawyer Blog
New York Limited Letters of Administration – A Useful Procedure to Search for Assets
In the typical estate situation, the Surrogate’s Court will appoint either an Administrator or Executor to handle estate affairs. An Executor is appointed when the decedent leaves a Last Will…
New York Surrogate's Court Monitor
New York County Surrogate’s Court: Decree Requirements When Probating Duplicate Original Wills
New York County Surrogate’s Court has special requirements when probating duplicate original wills. The proposed decree must include the text of the entire will(s). A sample decree provided to me…
A Lawyer's Blog
GUARDIANSHIP DISPUTE REVEALS FAMILY TURMOIL
A family torn apart.In the Matter of Annamarie O., NYLJ 2020-04-03, Court: Surrogate's Court, Richmond, Judge: Surrogate Matthew Titone, Case Number: G-64/92: "Upon the death of a caregiver and court…
New York Probate Lawyer Blog
Did You Know that Notice Regarding Surrogate’s Court Proceedings Must be Given to All Proper Parties
There are many different types of proceedings in the Surrogate’s Court. New York Estate lawyers are involved with probate, administration, accounting and kinship proceedings just to name a few of…
A Lawyer's Blog
MODIFYING AN ARTICLE 17-A GUARDIANSHIP
Things change - something we must always keep in mind - and this case has a nice story to it.Matter of Jacob A.B., NYLJ January 31, 2020, Date filed: 2020-01-24, …
New York Probate Lawyer Blog
Important Considerations Regarding The Appointment of A New York Administrator
When a person creates an estate plan he typically prepares a Last Will and Testament. A Will contains a provision that nominates an Executor. Thus, in most probate proceedings the…
New York Trusts & Estates Litigation
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…