After a person passes away, a decedent’s survivors oftentimes attempt to access the decedent’s electronic communications. Whether motivated by mere curiosity or a desire to better understand the circumstances that led to a decedent’s death, decedents’ survivors have not had much success in accessing the content of decedents’ electronic communications since New York enacted digital
2026
Is An Unrecorded Document Called a “Survivorship Deed” That Predates New York’s Transfer-On-Death Deed Legislation Enforceable?
By Robert M. Harper on
Posted in Uncategorized
In 2024, the New York Legislature enacted Real Property Law (“RPL”) § 424, which codified New York’s public policy in favor of transfer-on-death deeds that provide for real property to pass to beneficiaries named therein upon property owners’ deaths (RPL § 424). More recently, in Matter of Cruz (Birks), 87 Misc3d 1229(A)…
New York Trusts and Estates Legislative Developments of Which to be Aware in 2026 and Beyond
By Robert M. Harper on
Posted in Legal Profession
Last year, the New York Legislature (the “Legislature”) enacted, and Governor Kathy Hochul signed, into law several pieces of legislation that are likely to significantly impact trusts and estates practice in 2026 and beyond. The legislation in question concerns (a) electronic wills, and (b) service of process in Surrogate’s Court proceedings. I write to provide…