Part 36 Certified Training for Guardians Ad Litem in Surrogate’s Court
Brian P. Corrigan is an accomplished litigation attorney who, for well over 20 years, has achieved numerous victories for his clients in complex trust and estate disputes. Through his seasoned judgment, aggressive advocacy and sound strategies, Brian secures successful court decisions and jury verdicts for his clients. Brian is equally adept at obtaining advantageous results for his clients through negotiated settlements or effective motion practice. Brian’s years of experience in the courtroom provide unique insights, enabling him to provide sophisticated advice to his estate planning clients. Many of Brian’s successes are instances where, through his techniques and keen guidance, a client’s estate plan avoided anticipated litigation entirely.
Brian’s litigation practice includes will contests, contested accountings, prenuptial agreement challenges, fiduciary removal, fiduciary surcharge, will construction/reformation, and asset turnover/discovery proceedings. He also resolves disputes related to powers of attorney, divorce/separation agreement issues arising post-death, spousal rights of election, and joint accounts/pay on death accounts. Brian also represents clients in contested and uncontested guardianship proceedings.
Known for his laser focus and calm demeanor, Brian guides his clients through often emotionally charged situations with a steady hand. He listens to his client’s concerns attentively and brings a refreshing balance of legal acumen and real-world practicality into all communications, negotiations, and litigation strategy.
A prominent practitioner in his field, Brian lectures and writes on trust and estate litigation topics extensively. He authored, “Defensive Estate Planning,” a chapter in Strategies for Trusts and Estates in New York: Leading Lawyers on Analyzing Recent Developments and Navigating the Estate Planning Process in New York, published by Thomson Reuters’ Aspatore Books. In this chapter, Brian covers pre-litigation planning, advising trustees and executors, protective planning techniques, and other strategic methods for avoiding future estate litigation.
Brian is also a leader within the firm, serving as a member of the Farrell Fritz Management Committee. Prior to joining the firm, Brian was an estate litigation partner in the New York City office of an AmLaw 100 law firm.
Read MoreExperience
- Obtained jury verdict admitting will to probate over objections based on lack of capacity, undue influence, and improper execution.
- Obtained decree after trial awarding estate $1 million from respondent who converted decedent’s funds.
- Obtained summary judgment on behalf of executor finding that beneficiaries forfeited their interest in the will by engaging in conduct that triggered the will’s in terrorem or “no contest” provision.
- Obtained summary judgment for client finding bank accounts were joint accounts with right of survivorship and statutory presumption under Banking Law § 675 (b) applies, notwithstanding inability of bank to produce signature cards.
- Obtained dismissal, and affirmance on appeal, of claim by decedent’s child that French law applied to property transfers entitling him to “forced heirship” rights.
- Secured limited letters of administration for client over, opposition by executor, entitling client to investigate decedent’s transactions with executor.
- Achieved appellate court dismissal of claims against executors based upon corporate shield doctrine.
- Obtained dismissal of objections to probate of decedent’s will based upon objectant’s failure to comply with discovery order.
- Obtained decision reforming provisions of decedent’s will achieving substantial tax savings to estate.
- Successfully negotiated pre-litigation multi-million dollar settlement payment in favor of client/beneficiary against former trustee arising from breaches of fiduciary duty.
- Successfully negotiated settlement of client’s claims to parent’s estate arising under separation agreement with parent’s former spouse.
- Successfully negotiated settlement of client’s elective share claim, notwithstanding alleged waiver through pre-nuptial agreement.
- Successfully removed decedent’s relatives who unlawfully occupied her home after death.
Community Work
- Calvary Hospital, Professional Advisors Council
Recognition
- Chambers & Partners, Private Wealth Disputes, New York, 2022-present
- Best Lawyers in America, Litigation – Trusts & Estates, 2019-present
- Super Lawyers, New York Metro, Estate & Trust Litigation, 2021-present
Additional Information
Practice Areas
Education
Affiliations and Appointments
American College of Trust and Estate Counsel (ACTEC), Fellow and Member of Fiduciary Litigation Committee
New York City Bar Association, Trusts, Estates and Surrogate’s Court Committee, Chair
New York State Bar Association (NYSBA), Trusts and Estates Section, Estate Litigation Committee, Co-Chair
NYSBA, Trusts and Estates Section, Committee on Practice and Ethics, Past Chair
New York County Lawyers’ Association, Estate, Trusts and Surrogate’s Court Committee, Past Chair
Nassau County Bar Association, Surrogate’s Court/Trust & Estate Committee, Past Chair
The Estate Planning Council of New York City, Member
The New York Bar Foundation, Fellow
Admissions
New York
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