In our latest entry, Lou Vlahos provides an informative summary of estate tax issues that arise in the context of a probate contest.
Continue Reading Tax Considerations in Will Contests
2013
The Psychiatric Expert in Probate Proceedings
By Farrell Fritz P.C. on
In our latest entry, Hillary Frommer discusses the probative value of testimony from psychiatric experts on testamentary capacity in probate proceedings.
Continue Reading The Psychiatric Expert in Probate Proceedings
Attorney’s Fees: Not for the Taking
By Ilene S. Cooper on
Posted in Legal Profession
While attorney’s fees incurred by the fiduciary are generally reimburseable from an estate as a reasonable and necessary expense of administration, this is not the rule with respect to the legal fees incurred by a beneficiary. The different standard that applies was recently examined by Surrogate Mella in In re Frey, NYLJ, July 25, 2013, …
Reformation Proceeding – Brigati Irrevocable Insurance Trust
By John J. Barnosky on
Posted in Trusts
In Matter of Brigati, Surrogate Czygier of Suffolk County addressed an application to reform the decedent’s life insurance trust, which contained a significant amount of insurance. The instrument contained a number of terms which could cause inclusion in the decedent’s gross estate. Among other things, it provided that upon the death of the Grantor, the life insurance…
When a Black Letter Rule Meets a Gray Area: the “Slayer Rule” and the Insanity Defense
By Spencer L. Reames on
Posted in Probate
In a 2010 criminal proceeding, Leatrice Brewer admitted to drowning her three children in a bathtub, and entered a plea of “not responsible by reason of mental disease or defect.” Now, in the related Surrogate’s Court proceeding pending in Nassau County, the administrator of the children’s estates has requested application of the “slayer rule” to prevent Ms. Brewer from benefitting from her actions. Spencer L. Reames discusses the case, and the possible boundaries of the slayer rule vis a vis the insanity defense, in our latest entry.
Continue Reading When a Black Letter Rule Meets a Gray Area: the “Slayer Rule” and the Insanity Defense
Surrogate Removes Fiduciary Sua Sponte For Misrepresentations In Petition
By Eric W. Penzer on
Posted in Fiduciaries
A recent post to this blog discussed a case in which a court declined to remove a fiduciary based on allegations of a potential conflict of interest, but in the absence of actual misconduct on the part of the fiduciary. While it is certainly rare for a court to remove a fiduciary in the…
Potential Conflict of Interest Insufficient to Disqualify Nominated Fiduciary
By Jaclene L. D'Agostino on
Posted in Fiduciaries
“A testator’s choice of executor should be given great deference” (see Matter of Palma, 40 AD3d 1157, 1158 [3d Dept 2007]). This rule is fundamental to the practice of trusts and estates law, yet is often challenged by those who want to disqualify or remove the testator’s nominee -with or without valid basis. …
Appellate Division Decides Case of First Impression Concerning “Adopted Out” Child’s Right Of Inheritance
By Eric W. Penzer on
Posted in Fiduciaries
The term “adopted-out” child, commonly used by the courts, refers to a child adopted out of his or her biological family, i.e., a child placed for adoption by his or her biological family. A detailed discussion of the inheritance rights of adopted-out children is available here. Recently, in a case of first impression…
Exploring Abandonment in the Context of a “Marriage of Convenience”
By Spencer L. Reames on
Posted in Probate
In our latest entry, Spencer Reames discusses a recent decision emanating from New York County Surrogate’s Court, addressing spousal abandonment in the context of a “marriage of convenience.”…
Continue Reading Exploring Abandonment in the Context of a “Marriage of Convenience”