Topic
EPTL
9 published works
A Lawyer's Blog
CAN ADOPTEE INHERIT FROM BIOLOGICAL PARENT INTESTATE ESTATE?
MATTER OF OSTAPENKO, 2023 NY Slip Op 23349 - NY: Surrogate's Court, Kings 2023:"The question before the court is whether the adoption of the Petitioner by her stepfather prohibits the…
New York Trusts & Estates Litigation
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…
New York Probate Lawyer Blog
Undue Influence May Be Involved With Wills and Deeds
Probating a Will in New York requires that the document satisfy the Court requirements for authenticity. In other words, a Last Will must be executed in the manner required by…
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…
NY Estate Law Blogroll
Can you disinherit your spouse? The right of election under EPTL §5-1.1(A) and the NY estate law; Estate of Hugh Hefner
By Jason Stern
Love him or hate him, Hugh Hefner was the visionary who founded Playboy Magazine becoming one of the most iconic businessmen of the 20thcentury. When Hefner launched his risqué magazine in…
New York Probate Lawyer Blog
New York Will Contests Require Pre-Objection SCPA Witness Testimony
When a Last Will and Testament is filed with the Surrogate’s Court for probate, a number of procedural steps must be followed. The Will itself is accompanied by a Probate…
New York Attorney Malpractice Blog
Sometimes Enough is Enough
The decision in Krigsman v Goldberg 2018 NY Slip Op 30104(U) January 19, 2018 Supreme Court, New York County Docket Number: 151271 /16 Judge: Manuel J. Mendez reads like a Dickens novel in which litigation goes…
New York Trusts & Estates Litigation
Exploring Abandonment in the Context of a “Marriage of Convenience”
In our latest entry, Spencer Reames discusses a recent decision emanating from New York County Surrogate's Court, addressing spousal abandonment in the context of a "marriage of convenience."
New York Trusts & Estates Litigation
Summary Judgment Granted, Dismissing Objections and Admitting Will to Probate
In Matter of Feller, a contested probate proceeding that was decided last week in Monroe County, the Surrogate addressed typical objections pertaining to due execution, testamentary capacity, and undue influence.…