A discovery proceeding pursuant to SCPA 2103 may be commenced by any legal representative of the estate, including a preliminary executor or a temporary administrator. Ed Baker provides an overview of these proceedings in our latest post.
Continue Reading SCPA 2103 Proceedings – A Fiduciary’s Right to Commence a Licensed Fishing Expedition
SURROGATE’S COURTS’ RESPONSE TO THE CORONAVIRUS
New York State Surrogate’s Courts have advised of their responses to the coronavirus. Edward Baker provides this essential information in our latest post.
Continue Reading SURROGATE’S COURTS’ RESPONSE TO THE CORONAVIRUS
Death and Digital Content: Protecting Digital Assets After The Death Of A User
In 2016, the New York Legislature enacted a version of the Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital Assets Act in Article 13-A (“Article 13-A”) of the Estates, Powers and Trusts Law (“EPTL”). As illustrated by two recently decided New York Surrogate Court cases, and as previously discussed on this blog (You’ve
Heart v. Head: A Judge’s Conundrum
Judicial oaths require that judges rule on the law, putting their personal feelings aside. Indeed, judges’ personal opinions are presumed to be non-factors in judicial decision making as judges are charged to uphold the letter of the law regardless of their personal beliefs. The decision in Matter of the Estate of Durcan is a case
An Update On A Fiduciary’s Access To The Digital Records Of A Decedent
A recent post to this blog titled You’ve Got (E-)Mail! Can Your Survivors Access It After Your Death?, discussed New York’s recently-enacted digital assets legislation, and Surrogate Mella’s decision in Matter of Serrano, regarding whether the fiduciary of a decedent’s estate had a statutory right to access his deceased spouse’s Google email, contacts
The Court of Appeals Examines the Promissory Estoppel/Statute of Frauds Relationship
In the past, New York Courts have demonstrated a willingness to apply the theory of promissory estoppel, to overcome the legal requirements of the Statute of Frauds. The Restatement (Second) of Contract, Section 139, endorses this principle, providing:
“A promise which the promisor should reasonably expect to induce action or forbearance on the part of