Estate Litigation
Protecting our clients’ interests and assets in all types of disputes.
The experienced estate and trust litigation lawyers at Farrell Fritz have been involved in some of the most complex, high-profile cases in New York, including the estates of Doris Duke, Jean Stralem, Andy Warhol, Arthur Sackler, Brooke Astor, and Huguette Clark.
Our estate and trust litigation team offers the skill and expertise required for any estate or trust related proceeding, combining in-depth knowledge of Surrogate’s Court practice and procedure with extensive experience in taxation, as well as an acute understanding of estate planning and administration.
Our attorneys have successfully represented individuals and entities in a broad range of litigation, including:
- Contested probate, fiduciary accounting and guardianship proceedings
- Proceedings for the discovery and turnover of estate or trust assets
- Gift-related litigation
- Tax court proceedings
- Valuation disputes
- Proceedings involving fiduciary duties and responsibilities, confidential relationships, investment performance, interests in closely held corporations, and matters involving undue influence
In addition to Surrogate’s Court matters, our estate litigators have appeared in estate-related matters in many other judicial settings, including appellate courts, federal district court, tax court, and state Supreme Court. Our team has also represented parties for the purpose of avoiding litigation.
Professionals
Recent Blog Posts
SCPA 2103 Proceedings – A Fiduciary’s Right to Commence a Licensed Fishing Expedition
A discovery proceeding pursuant to SCPA 2103 may be commenced by any legal representative of the estate, including a preliminary…
May 25, 2022
May 25, 2022
Third Department Examines In Terrorem Clause
The recent opinion by the Appellate Division, Third Department, in In re Strom Irrevocable Trust III, 2022 NY Slip Op…
May 13, 2022
May 13, 2022
THE CHALLENGE OF FINDING ADMISSIBLE EVIDENCE IN ABANDONMENT PROCEEDINGS
Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective…
April 25, 2022
April 25, 2022
The Case Settled
Courts greatly appreciate when parties settle their disputes by agreement. Settlements alleviate the courts of the burden of overwhelming caseloads,…
March 29, 2022
March 29, 2022
SURROGATE’S COURT PROVIDES GUIDANCE ON PROVING THE VALIDITY OF A REMOTELY WITNESSED WILL
In January 2021, I wrote about Broome County Surrogate David H. Guy’s decision in Matter of Ryan, in which Surrogate…
March 07, 2022
March 07, 2022
The Court of Appeals Takes a Look at an Undue Influence Claim from a Non-Jury Trial
The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward…
January 24, 2022
January 24, 2022
The Answer is Almost Always No
Following up on the question posed in a post from a few years ago: when clients ask whether they can…
January 18, 2022
January 18, 2022
Father Disqualified as Child’s Intestate Distributee for Failure to Support
In the recent case Matter of Lee, New York County Surrogate’s Court granted a motion for summary determination that decedent’s…
June 07, 2021
June 07, 2021
The Remedy of Eviction in the Surrogate’s Court
When thinking of the Surrogate’s Court, jurisdiction over eviction proceedings does not normally come to mind. Yet, over the past…
April 19, 2021
April 19, 2021
The Resolution of Interstate Adult Guardianship Disputes in New York
Given the travel restrictions that have arisen during the COVID-19 pandemic, it is unlikely that many recently-commenced adult guardianship proceedings…
March 29, 2021
March 29, 2021
Admission of Remotely Witnessed Will to Probate
In an April 2020 post to this Blog entitled “The Remote Witnessing of Estate Planning Documents during the COVID-19 Pandemic,”…
January 29, 2021
January 29, 2021
Non-Marital Child’s Legitimacy is Presumed for All Purposes of New York Law, Including Inheritance, When Parents Marry After the Child’s Birth
When a child is born to parents who are not married, the child oftentimes must satisfy Estates, Powers and Trusts…
January 11, 2021
January 11, 2021
Voiding a Stipulation of Settlement – Not as Simple as Changing Your Mind
Stipulations of settlement often serve as the objective in Surrogate’s Court litigation, ending disputes and the ongoing expense of controversy.…
April 29, 2020
April 29, 2020
Can’t We All Just Get Along: When Non-Cooperation Leads to Removal
All too often co-fiduciaries do not see eye to eye in the administration of an estate or trust. They can…
April 16, 2020
April 16, 2020
THE REMOTE WITNESSING OF ESTATE PLANNING DOCUMENTS DURING THE COVID-19 PANDEMIC
April 08, 2020
TO INFINITY AND BEYOND (OR AT LEAST APRIL 18, 2020): NEW YORK STATE LAW TEMPORARILY AUTHORIZES THE REMOTE NOTARIZATION OF DOCUMENTS
With the spread of COVID-19 in this State, New York’s government has taken unprecedented steps to address many issues that…
March 30, 2020
March 30, 2020
SURROGATE’S COURTS’ RESPONSE TO THE CORONAVIRUS
Like other government institutions, New York State Surrogate’s Courts are figuring out how to function during the coronavirus pandemic. The…
March 20, 2020
March 20, 2020
The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?
Since the last post to this blog on the evolving issue of access to a decedent’s digital assets (Death and…
February 26, 2020
February 26, 2020
Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a Subpoena Requiring Production of ESI
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be…
February 12, 2020
February 12, 2020
Waiving a Decedent’s Attorney-Client Privilege
“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is…
January 08, 2020
January 08, 2020
A Reminder that Pre-Objection SCPA § 1404 Exams are Not Simply Article 31 “Depositions”
SCPA § 1404 requires that “at least two attesting witnesses must be produced before the court and examined before a…
October 16, 2019
October 16, 2019
Fiduciary Self-Dealing
One of the most fundamental duties of a fiduciary is the duty of loyalty. That is, every fiduciary must administer…
April 17, 2019
April 17, 2019
Death and Digital Content: Protecting Digital Assets After The Death Of A User
In 2016, the New York Legislature enacted a version of the Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital…
March 29, 2019
March 29, 2019
Where to Domicile or Where Not to Domicile. That is the Question.
In a recent decision in the Estate of Grunwald (NYLJ Jan. 28 2019, at 33 [Sur Ct, Richmond County]), Surrogate…
February 21, 2019
February 21, 2019
Wrongdoer Deprived of Elective Share
Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right…
January 23, 2019
January 23, 2019
Testator Intent and In Terrorem Clauses
My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling…
January 17, 2019
January 17, 2019
Hasta La Vista, Exoneration Clauses
Exoneration clauses seek to excuse fiduciaries, most notably executors and trustees, from liability for the failure to exercise reasonable care…
September 26, 2018
September 26, 2018
Treasure and Trinkets
It is easy to be cynical about the “pots and pans,” “tchotchkes,” and “junk” – – the property that is…
September 14, 2018
September 14, 2018
“Can I sue them for legal fees?”
This is a common question from clients involved in litigation – – especially estate litigation. As a general rule, a…
August 30, 2018
August 30, 2018
Heart v. Head: A Judge’s Conundrum
Judicial oaths require that judges rule on the law, putting their personal feelings aside. Indeed, judges’ personal opinions are presumed…
May 04, 2018
May 04, 2018
Waiver of Right of Election: Correction of Defective Acknowledgment
With a specific statute (Domestic Relations Law §236(3)) mandating that pre-nuptial agreements must be acknowledged, and with a specific statutory…
March 12, 2018
March 12, 2018
An Update On A Fiduciary’s Access To The Digital Records Of A Decedent
A recent post to this blog titled You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?, discussed New…
December 19, 2017
December 19, 2017
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…
December 12, 2017
December 12, 2017
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…
November 07, 2017
November 07, 2017
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…
October 06, 2017
October 06, 2017
Removed Corporate Trustee’s Refusal to Turn Over Trust Assets to Individual Trustee Was Prudent and Appropriate
One of the most important considerations in creating a trust is selecting the appropriate trustee. Oftentimes this involves determining whether…
August 21, 2017
August 21, 2017
You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?
E-mail is seemingly omnipresent. Day in and day out, we use it in our business, social, and personal affairs. Yet,…
July 24, 2017
July 24, 2017
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…
June 09, 2017
June 09, 2017
Speculation, Estate Planning, and Legal Malpractice
thatIn some will contests, lawyers will speculate that the decedent may have misled people as to his true estate plan, either…
April 28, 2017
April 28, 2017
Sometimes It’s Just a Question of Standing
A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that, any person whose interest…
March 31, 2017
March 31, 2017
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 the parties have a…
March 03, 2017
March 03, 2017
Fiduciary Imprudence: When the Sale of an Asset Results in a Surcharge
Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending…
February 10, 2017
February 10, 2017
Executor’s Duties Before Receiving Letters
A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary, or preliminary letters testamentary…
February 03, 2017
February 03, 2017
Lessons to be Learned From the Power of Attorney
Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also…
January 20, 2017
January 20, 2017
Sharp as a Tack . . . Clear as a Bell
Very often, when the proponent of a will (and sometimes even the attorney-draftsperson or witness) is questioned about the decedent’s…
January 05, 2017
January 05, 2017
A Flood . . . in the Basement
Having examined countless witnesses in probate and other contested Surrogate’s Court proceedings, many of us have grown accustomed to learning that…
November 22, 2016
November 22, 2016
Article 17-A Guardianship: It is Not for Everyone
In two recent decisions, Surrogate Lopez Torres of Kings County denied petitions for guardianship under SCPA Article 17-A, demonstrating the…
September 29, 2016
September 29, 2016
Recent Amendment Creates Further Exception to Attorney-Client Privilege
On August 19, 2016, Governor Cuomo signed into law an amendment to CPLR §4503(b) which creates another exception to the…
September 08, 2016
September 08, 2016
Coordinating a Testator’s Intention with Public Policy Can Prove Challenging When Construing an In Terrorem Condition
In construing an in terrorem provision, or any part of a will, the paramount consideration is identifying and carrying out…
August 11, 2016
August 11, 2016
What is a Confidential Relationship and How Does it Affect a Probate Contest?
Estate litigators arguably see more probate contests than any other type of conflict. While the details are always unique, they…
July 28, 2016
July 28, 2016
Proof of Wrongdoing and the Right of Election
In 2010, the Appellate Division, Second Department, made it clear that principles of equity grounded in rules of forfeiture can…
July 14, 2016
July 14, 2016
Court Denies Motion to Dismiss Turnover Proceeding as Time Barred
A recent decision of the Kings County Surrogate’s Court[1] demonstrates the importance of thoroughly analyzing all aspects of a statute…
June 23, 2016
June 23, 2016
Representation of Charities by the Attorney General
Many estate practitioners are familiar with litigated matters in which a charity interested in the proceeding is cited, as is…
May 23, 2016
May 23, 2016
Contingency Fees – Size Matters
While the Court of Appeals last year upheld the validity of contingency fee agreements in estate matters, especially in litigation,…
March 17, 2016
March 17, 2016
A Real-Life Final Exam Fact Pattern: That Pesky Per Stirpes Statute
As the year draws to a close, I sometimes recall the stresses of final exam season from my law school…
December 24, 2015
December 24, 2015
The Essentials of a Discovery Proceeding
This month’s blog post will address a recent decision by the Appellate Division, First Department, entered in In re Perelman,…
November 30, 2015
November 30, 2015
Dishonesty and Improvidence as Grounds for Disqualification of a Fiduciary
A recent decision of the Richmond County Surrogate’s Court addressed a frequently litigated issue in Surrogate’s Court litigation – –…
August 14, 2015
August 14, 2015
Ademption Results from Attorney-in-Fact’s Sale of Specifically Bequeathed Asset
In Matter of Conklin, 2015 NY Slip Op 25094 (Sur Ct, Nassau County 2015), a contested accounting proceeding, the Nassau…
April 30, 2015
April 30, 2015
Court Enjoins Trustees from Going to Texas for a “Second Bite at the Apple” to Stop Beneficiaries from Inheriting
In a March 6, 2015 decision in Levien v Johnson, NYLJ 1202721296511, at *1 (Sur Ct, New York County), the…
March 30, 2015
March 30, 2015
In re Lawrence: What the Court of Appeals Says About Gifts from Client to Lawyer
On October 28, 2014, the Court of Appeals rendered its long awaited decision in In re Lawrence, 2014 NY Slip…
February 19, 2015
February 19, 2015
In Terrorem Provisions That Violate Public Policy
In terrorem clauses generally provide that, where a beneficiary under a testamentary instrument unsuccessfully challenges the instrument’s validity, the beneficiary…
November 25, 2014
November 25, 2014
Appellate Division Upholds Equitable Extension of Slayer Rule
New York’s “slayer rule” essentially provides that if an individual kills another person, he has automatically forfeited any interest he…
October 03, 2014
October 03, 2014
“Easy” Cases Make Bad Law Too
In a decision that could well cause even the most casual trusts and estates practitioners to scratch their proverbial heads…
August 08, 2014
August 08, 2014
Testamentary Capacity, Summary Judgment and a Testator’s Diagnosis of Dementia
Although summary judgment in a contested probate proceeding historically has been rare, the recent trend has been for Surrogate’s Courts…
July 11, 2014
July 11, 2014
To be Family or Not to be Family? That is the Question
Two recent decisions from the New York County Surrogate’s Court attempt to answer this question. In Estate of Weisberg, decided…
May 30, 2014
May 30, 2014
Charitable Pledges: Not Found Money, You Have to Earn Them
A donor writes in a pledge amount, signs the pledge card, hands it over to the charity, and is absolutely committed to…
April 30, 2014
April 30, 2014
How “Absolute” is Absolute Discretion?
Sometimes language contained in wills and trusts can be misleading to the lay person. For example, while they are good…
March 28, 2014
March 28, 2014
Appellate Division: Issue of Fact Prevents Summary Disposition of Abandonment Allegations
My most recent blog post, titled No Sex, No Elective Share?, discussed a recent case involving allegations of constructive abandonment…
February 13, 2014
February 13, 2014
No Sex, No Elective Share?
A recent decision emanating from the Surrogate’s Court, Kings County, Matter of Nichols, N.Y.L.J., Nov. 15, 2013, p.40, addresses the rarely litigated issue of…
January 31, 2014
January 31, 2014
Tax Considerations in Will Contests – Part 2
Continuing the discussion of tax considerations in settling probate contests, the following additonal issues should be considered. Marital Deduction In determining the…
January 16, 2014
January 16, 2014
Tax Considerations in Will Contests
The period following someone’s death can be an emotional time. Unfortunately, the period of administration of the decedent’s estate can be…
December 12, 2013
December 12, 2013
The Psychiatric Expert in Probate Proceedings
In probate proceedings involving the issue of testamentary capacity, parties frequently present testimony at trial from an expert psychiatrist. It…
November 22, 2013
November 22, 2013
Attorney’s Fees: Not for the Taking
While attorney’s fees incurred by the fiduciary are generally reimburseable from an estate as a reasonable and necessary expense of…
September 30, 2013
September 30, 2013
Reformation Proceeding – Brigati Irrevocable Insurance Trust
In Matter of Brigati, Surrogate Czygier of Suffolk County addressed an application to reform the decedent’s life insurance trust, which contained…
August 29, 2013
August 29, 2013
When a Black Letter Rule Meets a Gray Area: the “Slayer Rule” and the Insanity Defense
Most estate attorneys are familiar with the concept of the so-called “slayer rule” whereby a person responsible for the murder…
August 09, 2013
August 09, 2013
Surrogate Removes Fiduciary Sua Sponte For Misrepresentations In Petition
A recent post to this blog discussed a case in which a court declined to remove a fiduciary…
May 13, 2013
May 13, 2013
Potential Conflict of Interest Insufficient to Disqualify Nominated Fiduciary
“A testator’s choice of executor should be given great deference” (see Matter of Palma, 40 AD3d 1157, 1158 [3d…
April 03, 2013
April 03, 2013
Appellate Division Decides Case of First Impression Concerning “Adopted Out” Child’s Right Of Inheritance
The term “adopted-out” child, commonly used by the courts, refers to a child adopted out of his or…
March 04, 2013
March 04, 2013
Exploring Abandonment in the Context of a “Marriage of Convenience”
Can a surviving spouse be guilty of abandonment, consequently forfeiting the presumptive right to administer her deceased spouse’s estate, if…
January 17, 2013
January 17, 2013
The Slayer Rule Revisited
As I wrote in a prior post, dated February 25, 2011, concerning the Estate of Dianne Edwards, the “slayer rule”…
December 21, 2012
December 21, 2012
Infants as Parties to Stipulations of Settlement in Surrogate’s Court Proceedings
Generally, where an infant or someone under another disability is a necessary party to an action, it is the parent…
November 16, 2012
November 16, 2012
Standing of “Potential Heirs” to Sue for Their Parents’ Assets
Estate litigation oftentimes arises when parents favor one or more of their children over others in their estate plans. Fortunately,…
October 16, 2012
October 16, 2012
Two Recent Decisions That Have Validated and Invalidated Inter Vivos Gifts
Gifting, a fundamental tool of estate planning, is often fodder for estate litigation. This blog post will address two decisions,…
August 30, 2012
August 30, 2012
Attorney-In-Fact has Authority to Amend an Irrevocable Trust Pursuant to EPTL 7-1.9
Estate planning attorneys who prepare durable New York powers of attorney for their clients often counsel them to exercise care…
August 01, 2012
August 01, 2012
Validity of Decedent’s Marriage the Focus of Application to Vacate Stipulation of Settlement
The validity of a decedent’s marriage is a topic that is litigated in Surrogate’s Courts with increasing frequency. A determination…
June 01, 2012
June 01, 2012
Potential Creditor of Trust Beneficiary Not Interested Party In Accounting Proceeding
Determining the identity of permissible or necessary parties to an accounting proceeding is often a simple task. But in rare cases, the…
March 30, 2012
March 30, 2012
Provision in Pre-Nuptial Agreement to Create Trust for Children is Enforceable
The Pre-Nuptial Agreement entered into by decedent provided that on his death, 70% of the value of his gross estate…
March 01, 2012
March 01, 2012
Unlawful Marriages and the Right of Election
Under New York law, a decedent is prohibited from disinheriting his or her surviving spouse (see Margaret Valentine Turano, Practice…
February 16, 2012
February 16, 2012
Court Awards Compensatory and Punitive Damages, and Attorney Fees, for Fraud in Probating Will
Stacey Castor (“Stacey”) made national news in 2007, arising from the 2005 murder of her husband, David Castor, Sr., (“Decedent’)…
January 13, 2012
January 13, 2012
Issues of Undue Influence
Undue influence is an issue commonly associated with Surrogate’s Court proceedings. Indeed, it is often the linchpin to the outcome…
December 29, 2011
December 29, 2011
Appellate Division Decides Case Of First Impression Regarding Joint Tenancy Issue
In Trotta v. Ollivier, the Appellate Division, Second Department, decided an issue of first impression in any New York State…
December 01, 2011
December 01, 2011
Was it a Convenience Account?
A convenience account is exactly as it sounds – an account on which the holder adds someone else’s name for…
October 21, 2011
October 21, 2011
Court Decides Issue Of Standing To Participate In Cy Pres Proceeding
In a recent decision in the Matter of Lally, the Schenectady County Surrogate’s Court decided an issue of standing on…
September 23, 2011
September 23, 2011
Revoking Marriages in Article 81 Proceedings
As the problem of elder abuse has become increasingly prevalent in recent years, so too has the need to protect…
August 25, 2011
August 25, 2011
Fiduciary Beware: Contested Accounting in the Face of Exoneration Clause Results in Liability for Inter Vivos Trustee
Although exoneration clauses in a testamentary trust will not, as a matter of public policy, absolve a trustee of liability…
August 11, 2011
August 11, 2011
Who are the Distributees?
Attempting to determine the rightful intestate distributees of decedents in kinship hearings can be interesting. To illustrate, in the most general…
July 29, 2011
July 29, 2011
More Tales from the Crypt: The Right of Sepulcher, Decedent’s Intent and Disposition of Human Remains
Two years ago, in “Tales from the Crypt: Disposing of Human Remains in New York”, I wrote that: “[i]n New…
July 14, 2011
July 14, 2011
“After Acknowledged Children” Denied Inheritance Rights
Although acknowledging that the Appellants’ position was “sympathetic”, on June 14, 2011, the Appellate Division, Second Department affirmed the decision of…
June 30, 2011
June 30, 2011
19 Year-Old Instrument Denied Probate as Ancient Document
Generally, the testimony of at least one attesting witness is required to probate a will. But practitioners will sometimes face a…
June 07, 2011
June 07, 2011
A View from the Appellate Bench
Over the past several months, the Appellate courts have been actively engaged in determining issues pertinent to the field of…
May 17, 2011
May 17, 2011
Surrogate: Dog Groups Barking Up The Wrong Tree
This is my third “dog pun” post in as many years. If you’ve read this blog since its inception, or…
May 09, 2011
May 09, 2011
Undue Influence or Duress?
In a recent decision in the Estate of Mildred Rosasco , Surrogate Glen carefully explains the difference between undue influence and…
April 28, 2011
April 28, 2011
Same-Sex Marriages and the Marriage Recognition Rule
A recent decision of the Appellate Division, First Department, demonstrates that notwithstanding the New York State Legislature’s failure to enact…
April 19, 2011
April 19, 2011
Lessons of Constructive Trusts Continued
The recent entry by Jaclene D’Agostino addressed the issue of constructive trusts. From that, we learned that a constructive trust is…
April 11, 2011
April 11, 2011
What is a Constructive Trust?
Most simply explained, a constructive trust is an equitable remedy imposed to prevent unjust enrichment (see Simonds v Simonds, 45…
March 28, 2011
March 28, 2011
Who May Serve as Fiduciary?
The newly elected Surrogate for Nassau County, Edward W. McCarty III, recently issued a decision in what appears to be…
March 11, 2011
March 11, 2011
The Slayer Rule
As articulated by the Court of Appeals in Riggs v Palmer, the so-called “slayer rule” provides that “[n]o one shall…
February 25, 2011
February 25, 2011
Lessons From the Bench: Remedies for Breach of Fiduciary Duty
The role of a fiduciary – an executor, an administrator, a trustee, and even a guardian – brings with it…
February 11, 2011
February 11, 2011
Construction, Exoneration, Delegation, and Fiduciary Duty
One of the first reported Surrogate’s Court decisions of 2011 comes from Monroe County. The decision is interesting in that…
January 20, 2011
January 20, 2011
Mama Cass’s Estate – California Dreamin’ or a Nightmare?
While the myth that Ellen Naomi Cohen, a/k/a Mama Cass, choked to death on a ham sandwich was debunked years…
January 11, 2011
January 11, 2011
Farrell Fritz Estate and Gift Tax Alert: Breaking News
As you may know, the United States Congress passed the Middle Class Tax Relief Act of 2010 last night. It…
December 17, 2010
December 17, 2010
Exception to the American Rule: Shifting Objectants’ Legal Fees to the Surcharged Fiduciary
Jurisdictions within the United States have generally rejected the British concept of the prevailing party’s shifting the burden of litigation…
December 06, 2010
December 06, 2010
Witness Beneficiary Rule Applicable to Instrument Executed Outside of New York?
An interesting issue recently arose in an uncontested probate proceeding before the Bronx County Surrogate’s Court, namely, whether the disqualifying…
October 29, 2010
October 29, 2010
Motion to Dispense with Testimony of Uncooperative Attesting Witness Denied
In Matter of Smith, 2010 NY Slip Op 20381 (Sur Ct, Bronx County), Surrogate Holzman recently addressed a proponent’s motion…
September 30, 2010
September 30, 2010
Hot Topics in Trusts and Estates
The summer has seen a multitude of significant decisions impacting practice and procedure in the Surrogate’s Court. Aside from the…
August 20, 2010
August 20, 2010
NYSBA Trusts & Estates Law Section to Discuss Recent Decisions
Dear Readers, At the Fall meeting of the NYSBA’s Trusts and Estates Law Section (October 7-8 in Rochester), I will…
August 04, 2010
August 04, 2010
Decedent’s Purported Transfer of Residence To Wife Fails For Non-Delivery of Deed
In Matter of Ross, the Nassau County Surrogate’s Court canceled the recording of a deed pursuant to which the decedent…
July 29, 2010
July 29, 2010
Court of Appeals: Fiduciary’s Legal Fees to be Equitably Allocated among Beneficiaries
In Matter of Hyde, 2010 NY Slip Op 05676, decided June 29, 2010, the Court of Appeals held that SCPA…
July 12, 2010
July 12, 2010
Estates May Pursue Legal Malpractice Claims on Behalf of Decedents
The Court of Appeals has rendered a landmark decision, chipping away at privity in holding that an estate fiduciary may…
June 21, 2010
June 21, 2010
Fiduciary Relationship Leads to Allegations of Constructive Fraud
In a recent case, a New York County Surrogate denied a motion for summary judgment, holding that a trial was…
June 01, 2010
June 01, 2010
In Terrorem Clause Construed to Apply to Revocation Proceeding
In a decision issued yesterday by the First Department, the Appellate Division affirmed the Surrogate’s holding that a proceeding pursuant…
April 30, 2010
April 30, 2010
Appellate Division Cites Equitable Factors In Denying Entitlement to Elective Share
This month, the Second Department has issued two important decisions on entitlement to an elective share when a marriage occurred…
March 30, 2010
March 30, 2010
Estate Fiduciary Wrongly Deprived of Counsel of Choice?
A recent decision emanating from the Appellate Division, Second Department, Matter of Venezia, implicates two fundamental — and seldom conflicting…
March 19, 2010
March 19, 2010
Trustee Permitted to Amend Accounting to Provide for Commissions
In Estate of Homelsky, 1/20/2010 NYLJ 27 (col 1), a Nassau County Surrogate’s Court case, the Trustee, an attorney, moved to amend…
February 10, 2010
February 10, 2010
No “Wiggle Room” In After-Born Statute
In Matter of Gilmore, 1/19/2010 NYLJ 21 (col 1), Nassau County Surrogate John B. Riordan declined to expand the reach of…
January 25, 2010
January 25, 2010
Articles & Advisories
Trusts and Estates Update: The Start of a New Year
As we enter the year 2023, we consider those opinions that rounded out and concluded the year 2022, as well…
February 07, 2023
A Review of Notable Decisions as the Year Ends
As 2022 comes to a close, we look back on a year marked by numerous decisions of interest impacting trusts…
December 04, 2022
Spring Happenings In Trusts and Estates
The spring season saw multiple decisions of interest to the trusts and estates practitioner. Addressed to such issues as breach…
August 01, 2022
Appellate Court Update: Fiduciary Removal, Lack of Jurisdiction, Claim Not Time Barred
Over the past several months, Appellate Division departments have considered a wide range of issues affecting the field of trusts…
April 05, 2022
A New Year Begins: Fiduciary Fees, SCPA 1404 Examinations and More
As the year 2021 came to an end, and working remotely and virtual court appearances remained the norm, the Surrogate’s…
February 07, 2022
Closing Comments At the Close of the Year
As the year comes to a close, and we begin to resume life as we once knew it, we take…
December 06, 2021
Mid-Year Review: Three Notable Surrogate’s Court Decisions
The past several months saw a continuum of opinions rendered by the Surrogate’s Court addressed to issues affecting the practice…
October 04, 2021
Mid-Year Developments: Fees, Duties and Commissions
As we continue to open our courts and office doors, the Surrogate’s and Appellate Courts throughout the state have been…
August 03, 2021
Emerging Into Spring: Discovery Sanctions, Gifts, Breach of Duty
The second quarter of 2021 has seen a host of significant decisions from the Surrogate and Appellate courts addressed to…
June 07, 2021
Appellate Review in the First Quarter
As the year 2020 concluded, and the year 2021 began, the Appellate Division was hard at work rendering decisions addressed…
April 05, 2021
News
‘I love my son, but he is not careful with money.’ I’m retired and want to help my son. Should I buy him a home — and ask him to sign a promissory note?
Farrell Fritz Partner Neil V. Carbone was quoted in a recent MarketWatch Moneyist column discussing what to consider when buying…
February 22, 2023
My mother excluded me from her will — before she died, my sibling cashed out her annuity policy, on which I was a beneficiary. Should I sue my family?
Farrell Fritz Partner Neil V. Carbone was quoted in a recent MarketWatch Moneyist column regarding a potential estate dispute. The…
January 24, 2023
Eric Penzer Recognized in Long Island Business News’ Leadership in Law Program
Farrell Fritz Partner Eric Penzer has been recognized in Long Island Business News’ Leadership in Law program. This awards event…
November 17, 2022
The Six Best Ways to Give to Charity (And Cut Your Tax Bill)
Partner Neil Carbone was quoted in a recent Kiplinger publication. The article explores how charitable donations can be tax efficient. Carbone weighs in…
October 12, 2022
My three siblings and I inherited our father’s home, but the upkeep and taxes are too high. How can I get rid of this property without angering my family?
“In some states, the owner who wants out can sell his or her interest to a third party, usually a…
October 03, 2022
‘My aunt has become forgetful’: Her will leaves $1.2 million to three nuns and a friend who cares more about her inheritance than my aunt. What can I do?
The will and the trust agreement will outline how the gift of the house was made to the four beneficiaries,…
September 14, 2022
Anne Heche’s Son Seeks Control of Her Estate
Homer Laffoon, 20, son of actress Anne Heche, who passed away last month after a fiery car crash in Los…
September 08, 2022
Ask the Expert: How an irrevocable trust affects house sale
In a recent column you wrote about people who are selling a house inherited from their parent who had put her…
September 02, 2022
Manhattan Dems Announce the 2022 Supreme Court Independent Judicial Screening Panel
The New York County Democratic Committee previously announced the formation of an Independent Screening Panel. As an update, the screening panel…
June 22, 2022
The Halfway Point: Decisions of Interest Mid-2022
As 2022 reaches its midway point, consideration should be given to some of the recent opinions rendered by the Surrogate’s…
June 06, 2022
Press Releases
Farrell Fritz Promotes Two Attorneys to Counsel
Farrell Fritz is pleased to announce the promotions of Edward D. Baker and Bret Cahn to counsel effective January 1,…
January 09, 2023
Farrell Fritz Receives Tier 1 Ranking in 2023 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the 11th consecutive year, the firm has received a Tier 1 Ranking…
November 03, 2022
22 Farrell Fritz Attorneys Recognized as 2022 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 22 attorneys selected to the 2022 New York Metro Super Lawyers and New…
September 29, 2022
21 Farrell Fritz Attorneys Recognized as 2023 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 17 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2023.…
August 18, 2022
Five Farrell Fritz Attorneys Recognized in Chambers 2022 High Net Worth Rankings
Farrell Fritz is pleased to announce that Estate Litigation partners John (Jack) J. Barnosky, Neil V. Carbone, Brian P. Corrigan,…
July 14, 2022
Farrell Fritz Receives Tier 1 Ranking in 2022 U.S. News – Best Lawyers’ “Best Law Firms”
Farrell Fritz is pleased to announce that, for the tenth consecutive year, the firm has received a Tier 1 Ranking…
November 04, 2021
27 Farrell Fritz Attorneys Recognized as 2021 Leading Lawyers in Their Respective Areas of Practice
Farrell Fritz has a combined total of 27 attorneys selected to the 2021 New York Metro Super Lawyers and New…
September 30, 2021
17 Farrell Fritz Attorneys Recognized as 2022 Leading Lawyers by Best Lawyers
Farrell Fritz congratulates 12 attorneys on being selected by their peers for inclusion in The Best Lawyers in America© 2022.…
August 19, 2021
Four Farrell Fritz Attorneys Recognized in Chambers 2021 High Net Worth Rankings
Farrell Fritz is pleased to announce that Estate Litigation partners John (Jack) J. Barnosky, Neil V. Carbone, John R. Morken,…
August 10, 2021
Neil V. Carbone Joins Farrell Fritz’s Trusts & Estates and Estate Litigation Departments as Partner
Farrell Fritz is pleased to welcome Neil V. Carbone as a partner in the trusts & estates and estate litigation…
June 23, 2021