This week’s entry discusses a recent case in which a decedent’s estate planning documents were relevant in determining the outcome of a corporate dispute.
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2009
Cases of Attorney-Fiduciaries
By Ilene S. Cooper on
Posted in Fiduciaries
In this week’s entry, Ilene Cooper discusses recent cases addressing issues associated with naming an attorney-draftsman as the fiduciary of an estate.
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Tax Apportionment on Gift Tax Recapture
By John J. Barnosky on
Posted in Fiduciaries
This week’s entry by Jack Barnosky discusses a recent decision from the Westchester County Surrogate’s Court.
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Parents of Decedent Have No Rights to Preserved Reproductive Tissue
By Jaclene L. D'Agostino on
Posted in Fiduciaries
Parents of a decedent, as administrators of his estate, recently sought ownership rights to the decedent’s frozen sperm specimens in hope of ultimately having a grandchild by a surrogate. The First Department’s decision is explained in this week’s entry.
Continue Reading Parents of Decedent Have No Rights to Preserved Reproductive Tissue
New Power of Attorney Legislation Effective September 1, 2009
By Jaclene L. D'Agostino on
Posted in Fiduciaries
Governor Paterson has signed legislation extending the effective date for the new Power of Attorney statute from March 1, 2009 to September 1, 2009. This provides an additional six months to learn about the significant amendments to GOL 5-1501, which were summarized in a previous posting.
A Sop For Cerberus
By Eric W. Penzer on
Posted in Construction of Wills and Trusts, Trusts
This week’s post informs readers of the recent New York County Surrogate’s Court decision regarding whether the trustees of Leona Helmsley’s charitable trust must actually use its funds for the care and welfare of dogs.
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Getting to Know New York’s New Power of Attorney Law
Posted on
Posted in Fiduciaries
This week’s entry explains the significant changes implemented by the new power of attorney legislation scheduled to take effect on March 1, 2009.
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Executor Granted Advance Payment Of Commissions Despite Prohibition In Will
By Eric W. Penzer on
Posted in Fiduciaries
This week’s entry discusses a recent decision on an application for the advance payment of executor’s commissions, and the power of beneficiaries to override a testator’s intent.
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New Law – Powers of Attorney in New York
By Frank T. Santoro on
Posted in Fiduciaries
This week’s entry informs readers of recent legislation amending the law and forms pertaining to Powers of Attorney.
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Cases of Fiduciary Removal or Disqualification
By Ilene S. Cooper on
Posted in Fiduciaries
This week’s entry discusses recent applications for the disqualification or removal of a fiduciary, and how they have been addressed by various courts.
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