As recognized by Surrogate Glen in the recent decision of Matter of Rosasco, the distinction between undue influence and duress is often blurred in the context of contested probate proceedings. Frank Santoro explains the differences between the two legal concepts in our most recent entry.
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April 2011
Same-Sex Marriages and the Marriage Recognition Rule
By Eric W. Penzer on
Posted in Probate
Although New York State has not passed legislation recognizing same-sex marriages, the Appellate Division recently held that such marriages will be recognized by Surrogate’s Courts pursuant to the “marriage recognition rule”. Eric Penzer discusses the decision in our latest entry.
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Lessons of Constructive Trusts Continued
By Ilene S. Cooper on
Posted in Trusts
As explained by Jaclene D’Agostino in our previous entry, constructive trusts may be imposed in a variety of circumstances. However, there are numerous situations in which courts have rejected the imposition of that remedy. One such example is the case of Dext v. Rorech III, Individually and as Executor of the Estate of William Rorech, Jr., recently emanating from Suffolk County Surrogate’s Court. Ilene Cooper discusses the case in this week’s entry.
Continue Reading Lessons of Constructive Trusts Continued