News & Analysis as of

Surrogate's Court

Lippes Mathias LLP

Disproportionate Inheritance and Objections to Probate

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Did your father give you a nominal bequest but gave his favorite daughter the bulk of the estate? Were you bequeathed the family dog and $10,000, but your mother’s boyfriend of six months was to receive the Lamborghini and...more

Goulston & Storrs PC

Surrogate’s Court Orders DNA Testing to Verify Claim to Be Decedent’s Biological Child

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Can a person claiming to be the decedent’s biological child out of wedlock obtain a court order directing DNA testing of the decedent’s acknowledged children, in order to verify her claim?  In Matter of Estate of McGuire, 203...more

Farrell Fritz, P.C.

Creative Writing: Reforming Wills And Trusts To Achieve Settlements

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When reforming a will or trust, the Surrogate’s Court “changes the language of the will [or trust instrument] itself by the addition or deletion of words in an attempt to conform [the instrument] to the decedent’s intent”...more

Farrell Fritz, P.C.

The Admission Of Remotely Witnessed Wills To Probate In New York

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In 2021 and 2022, I wrote about Surrogate’s Court decisions that addressed the admission of remotely witnessed wills to probate in New York State.  Since then, Surrogate’s Courts have issued at least two more decisions...more

Lippes Mathias LLP

Guardianships Unwrapped: Navigating the Maze of Legal Guardianship

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From Britney Spears to Michael Oher, conservatorships have been a hot topic lately. There are many questions surrounding when a conservatorship or guardianship is appropriate and how that is determined. The words...more

Farrell Fritz, P.C.

The Probate Exception to Federal Jurisdiction – From Woitovich (Part 1) to Bulgari (Part 2)

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For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction.  Two recent Southern District cases examine...more

Farrell Fritz, P.C.

Surrogate’s Court Jurisdiction to Resolve Close Business Owner Disputes

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Do New York’s Surrogate’s Courts have jurisdiction to compel an accounting related to a non-party limited liability company in which the decedent’s estate has only a minority interest? ...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - May 2023

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more

Farrell Fritz, P.C.

The Art of Manager Removal

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If there’s anything more contentious than a business divorce between co-owners of closely held firms, it’s a business divorce between a couple also going through or following a marital divorce....more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - June 2022

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more

Farrell Fritz, P.C.

Third Department Examines In Terrorem Clause

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The recent opinion by the Appellate Division, Third Department, in In re Strom Irrevocable Trust III, 2022 NY Slip Op 01356, provides a cautionary tale to estate litigators who conduct SCPA 1404 examinations in the face of a...more

Farrell Fritz, P.C.

Surrogate’s Court Provides Guidance On Proving The Validity Of A Remotely Witnessed Will

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In January 2021, I wrote about Broome County Surrogate David H. Guy’s decision in Matter of Ryan, in which Surrogate Guy addressed the admission of a remotely witnessed will to probate in New York State.  Recently, in Matter...more

Proskauer Rose LLP

Wealth Management Update - March 2022

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March 2022 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split-Interest Charitable Trusts....more

Proskauer Rose LLP

Wealth Management Update - February 2022

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February 2022 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split-Interest Charitable Trusts....more

Farrell Fritz, P.C.

The Court of Appeals Takes a Look at an Undue Influence Claim from a Non-Jury Trial

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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...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter - September & October 2021

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This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more

Farrell Fritz, P.C.

Father Disqualified as Child’s Interstate Distributee for Failure to Support

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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 pursuant...more

Farrell Fritz, P.C.

The Remedy of Eviction in the Surrogate’s Court

Farrell Fritz, P.C. on

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...more

Farrell Fritz, P.C.

Admission of Remotely Witnessed Will to Probate

Farrell Fritz, P.C. on

In an April 2020 post to this Blog entitled “The Remote Witnessing of Estate Planning Documents during the COVID-19 Pandemic,” my colleague Cheryl L. Erato addressed Governor Cuomo’s Executive Order authorizing the remote...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – September 2020

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Lose a Diamond Ring – Pay the Estate - Matter of Steinman, 2020 WL 2170757 (2nd Dep’t May 6, 2020) - A Floridian borrowed an expensive diamond ring from a New Yorker, while in New York State, and subsequently lost the...more

Proskauer Rose LLP

Wealth Management Update - April 2020

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Assisting Your Clients in the COVID-19 World - Dear Advisors: We at Proskauer wish you health and safety during these tumultuous times. It is our hope that you are handling this new reality with as much normalcy as is...more

Farrell Fritz, P.C.

Surrogate’s Courts’ Response To The Coronavirus

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Like other government institutions, New York State Surrogate’s Courts are figuring out how to function during the coronavirus pandemic. The first notice came on Friday, March 13, 2020.   Lawrence K. Marks, the Chief...more

Proskauer Rose LLP

Wealth Management Update - March 2020

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March 2020 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Important federal interest rates continue to hold relatively steady. The March Section 7520...more

Holland & Hart LLP

Ric Ocasek’s Personal Representative Is In For a Bumpy Ride

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On September 15, 2019, Ric Ocasek, singer, songwriter, and guitarist of The Cars, died in his Manhattan residence. He was found that morning by his wife, Paulina Porizkova, a supermodel and celebrity in her own right, as she...more

Goulston & Storrs PC

Probate & Fiduciary Litigation Newsletter – October 2019

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The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. ...more

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