2011

One of the most common objections in probate contests is the allegation that the propounded instrument was a product of undue influence. In our latest entry, Ilene Cooper reflects upon two decisions from 2011 in which the Surrogate’s Courts of New York and Kings Counties addressed such claims, which arose from contrasting fact patterns.
Continue Reading Issues of Undue Influence

The Appellate Division recently addressed an unusual issue in the case of Trotta v. Ollivier, namely, whether the estate of a joint tenant may sue the surviving joint tenant to recover payments the decedent had made for purchase and upkeep of the property. Eric Penzer discusses the decision in our latest entry.
Continue Reading Appellate Division Decides Case Of First Impression Regarding Joint Tenancy Issue

If the intended recipient of a charitable bequest can no longer be identified, an executor or trustee will often commence a cy pres proceeding in the Surrogate’s Court to determine the appropriate recipient of the funds. In our latest entry, Eric Penzer discusses a decision in the context of a cy pres application, focusing on the standing of a possible alternative recipient of the subject bequest to participate in the proceeding.
Continue Reading Court Decides Issue Of Standing To Participate In Cy Pres Proceeding

In the recent decision of Matter of the Accounting of Tydings, the Bronx County Surrogate’s Court addressed the misconduct of the trustee of a lifetime trust, in view of an exoneration clause contained in the instrument. Ilene Cooper discusses the case in our latest entry.
Continue Reading Fiduciary Beware: Contested Accounting in the Face of Exoneration Clause Results in Liability for Inter Vivos Trustee

Administering the estate of a decedent who dies intestate is sometimes more complicated than one of a decedent who dies leaving a will. The distributees of an intestate decedent are often unknown, leading to citation by publication and a kinship hearing with respect to anyone who appears alleging to be an heir. Frank Santoro discusses these situations in our most recent entry.
Continue Reading Who are the Distributees?

In a prior post, Robert Harper explained the law on the disposition of human remains in New York. This week he follows up on that topic, discussing a recent Nassau County Supreme Court decision, Matter of Grace D. There, the court addressed a disagreement among the decedent’s family members as to the disposition of her remains.
Continue Reading More Tales from the Crypt: The Right of Sepulcher, Decedent’s Intent and Disposition of Human Remains

In Matter of Gilmore, the Second Department addressed the unusual situation of the inheritance rights of children who had been born prior to the execution of their father’s Will, but whose existence was unknown to their father until after his Will had been executed. Jack Barnosky discusses the case in our most recent entry.
Continue Reading “After Acknowledged Children” Denied Inheritance Rights