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Estate litigation oftentimes arises when parents favor one or more of their children over others in their estate plans. Fortunately, at least for the parents, they typically do not have to deal with the issues involved in the litigation, as they are deceased by the time that it arises. As the Second Department’s decision in

In a prior post, Robert Harper explained the law on the disposition of human remains in New York. This week he follows up on that topic, discussing a recent Nassau County Supreme Court decision, Matter of Grace D. There, the court addressed a disagreement among the decedent’s family members as to the disposition of her remains.
Continue Reading More Tales from the Crypt: The Right of Sepulcher, Decedent’s Intent and Disposition of Human Remains

New York’s “slayer rule” generally prohibits an individual from benefiting from his own wrongdoing. However, due to the unusual facts of a case that is developing in Suffolk County, a murderer may indirectly inherit his victim’s estate through intestacy. Robert Harper discusses the situation in this week’s entry.
Continue Reading The Slayer Rule

Although void in some states, it is well settled that in terrorem or no contest clauses are enforceable under New York law. In a recent case, Surrogate Glen addressed the question of whether an in terrorem clause had been triggered by the petitioner contesting a New York instrument before a Florida court. This week’s entry, written by Robert Harper, discusses the decision.
Continue Reading Triggering In Terrorem Clauses With Out-Of-State Will And Trust Contests