Probate

Subscribe to Probate via RSS

In 2021 and 2022, I wrote about Surrogate’s Court decisions that addressed the admission of remotely witnessed wills to probate in New York State.  Since then, Surrogate’s Courts have issued at least two more decisions addressing the validity of remotely witnessed wills.  I now write to provide an update about the validity of remotely witnessed wills, having been involved in two cases that addressed the issue in 2023.
Continue Reading The Admission of Remotely Witnessed Wills to Probate in New York

For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction.  Two recent Southern District cases examine the probate exception.  Part 1 of this blog series introduces the probate exception and discusses an “easy” case; Woitovichv. Schoenfeld.  Part 2 of this series, coming soon (hopefully), examines the tougher case of Bulgariv. Bulgari. Continue Reading The Probate Exception to Federal Jurisdiction – From Woitovich (Part 1) to Bulgari (Part 2)

Courts greatly appreciate when parties settle their disputes by agreement.  Settlements alleviate the courts of the burden of overwhelming caseloads, and further the public policy of encouraging parties to order their affairs by contract rather than relying on statute and common law.  As the Surrogate’s Court recently reiterated in Matter of Eckert, “stipulations of…

From April 7, 2020 to June 25, 2021, New York Executive Order 202.14 authorized “the remote execution of wills” in New York State. Recently, in Matter of Holmgren, Queens County Surrogate Peter J. Kelly wrote a decision addressing the information that a self-proving affidavit must contain in order to prove the validity of a remotely executed will. Robert Harper writes about the decision in our latest post.
Continue Reading SURROGATE’S COURT PROVIDES GUIDANCE ON PROVING THE VALIDITY OF A REMOTELY WITNESSED WILL

The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial.  Recently, the Appellate Division, Fourth Department, and the Court of Appeals passed on the issue of undue influence arising out of a Surrogate’s Court bench trial. Frank Santoro discusses the decisions in our latest post.
Continue Reading The Court of Appeals Takes a Look at an Undue Influence Claim from a Non-Jury Trial

In April 2020, Governor Cuomo issued Executive Order 202.14, authorizing the remote witnessing of wills in the midst of the COVID-19 pandemic. Earlier this week, Broome County Surrogate’s Court issued what appears to be the first reported New York decision addressing the admission to probate of a remotely witnessed will. Rob Harper discusses the decision in our latest post.
Continue Reading Admission of Remotely Witnessed Will to Probate

SCPA § 1404 requires that “at least two attesting witnesses must be produced before the court and examined before a written will is admitted to probate.” Very often, litigators think of examinations pursuant to SCPA § 1404 as examinations before trial that are conducted under Article 31 of the CPLR. But they are not. Hillary Frommer discusses this topic in our latest post.
Continue Reading A Reminder that Pre-Objection SCPA § 1404 Exams are Not Simply Article 31 “Depositions”

My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling the testator’s intent to impose an in terrorem condition with the rights of beneficiaries to challenge the conduct of their fiduciary. The New York County Surrogate’s Court’s recent decision in Matter of Merenstein provides further…