In the recent decision of Matter of Hassine, the New York County Surrogate’s Court addressed a motion to vacate two pre-trial stipulations entered into by the movants’ prior counsel. Ilene Cooper discusses the case in our latest post.
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2020
Can’t We All Just Get Along: When Non-Cooperation Leads to Removal
By Farrell Fritz P.C. on
Posted in Fiduciaries
All too often co-fiduciaries do not see eye to eye in the administration of an estate or trust. They can usually work through their disagreements, but when they cannot, and their arguing and finger pointing have reached a level where their administration reaches a stand-still, one fiduciary might seek to remove his co-executor or co-trustee. Hillary Frommer discusses a recent decision addressing this issue in our latest post. …
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THE REMOTE WITNESSING OF ESTATE PLANNING DOCUMENTS DURING THE COVID-19 PANDEMIC
By Farrell Fritz P.C. on
Posted in Legal Profession, Trusts
As our everyday life continues to be impacted by the novel coronavirus (COVID-19), Governor Andrew Cuomo has signed various executive orders to address the issues faced by the State and its residents during these unprecedented times. In light of the executive orders that have been issued, the resulting closure of non-essential businesses, the quarantine orders…
TO INFINITY AND BEYOND (OR AT LEAST APRIL 18, 2020): NEW YORK STATE LAW TEMPORARILY AUTHORIZES THE REMOTE NOTARIZATION OF DOCUMENTS
By Robert M. Harper on
Posted in Legal Profession
On March 19, 2020, Governor Cuomo issued Executive Order No. 202.7, which temporarily authorizes the remote notarization of documents in New York until April 18, 2020. Rob Harper provides a summary as to its contents in our latest post.
Continue Reading TO INFINITY AND BEYOND (OR AT LEAST APRIL 18, 2020): NEW YORK STATE LAW TEMPORARILY AUTHORIZES THE REMOTE NOTARIZATION OF DOCUMENTS
Wealth Transfer Opportunities with Devalued Assets
By Brian P. Corrigan on
Posted in Trusts
To Our Readers –
Although this is not an Estate Litigation topic, we thought you might be interested in this very timely article because of its impact on estate planning. Special thanks to our Estate Planning Group for preparing this content.
Be safe.
Wealth Transfer Opportunities with Devalued Assets
The COVID-19 pandemic continues to…
SURROGATE’S COURTS’ RESPONSE TO THE CORONAVIRUS
By Edward D. Baker on
Posted in Legal Profession
New York State Surrogate’s Courts have advised of their responses to the coronavirus. Edward Baker provides this essential information in our latest post. …
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The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?
By Yi W. Stewart on
Posted in Fiduciaries
There have been several New York decisions addressing the evolving issue of access to a decedent’s digital assets since our last post on the subject one year ago. Our latest post provides an update as to the state of the law in this area.
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Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a Subpoena Requiring Production of ESI
By Brian P. Corrigan on
Posted in Evidence, Uncategorized
New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena. May a non-party’s counsel fees related to responding to a subpoena involving the production of electronically stored information be included as “reasonable production expenses”? The Queens County Surrogate’s Court recently answered this question in Matter of Khagan. Brian Corrigan discusses the decision in our latest post.
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Waiving a Decedent’s Attorney-Client Privilege
By Eric W. Penzer on
Posted in Legal Profession
It is well established that the right to waive the attorney-client privilege survives the death of a client, but case law is still developing concerning who can effectuate a post-death waiver and in what circumstances. The Fourth Department recently addressed this question for the first time in Matter of Thomas. Eric Penzer discusses the decision in our latest post. …
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