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Testamentary Capacity Executors Decedent Protection

Goulston & Storrs PC

Following Formalities of Will Execution And Availability of Attorney Testimony Defeats Undue Influence Claims

Goulston & Storrs PC on

While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more

Farrell Fritz, P.C.

Executor’s Duties Before Receiving Letters

Farrell Fritz, P.C. on

A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary (see Matter of Schultz, 104 AD3d 1146 [4th Dept. 2013]). Courts have recognized...more

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