Generally, where an infant or someone under another disability is a necessary party to an action, it is the parent or guardian of the property who represents him in that action.  If the disabled individual has no such guardian, then the court shall appoint a guardian-ad-litem to represent his interests (see CPLR 1201…

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 the recent case of Matter of Cheek, Surrogate Holzman of Bronx County addressed two issues that arise with some frequency in the context of Surrogate’s Court litigation – the validity of a decedent’s marriage, and a party’s attempt to vacate a stipulation of settlement. Jaclene D’Agostino discusses the decision in our latest entry.
Continue Reading Validity of Decedent’s Marriage the Focus of Application to Vacate Stipulation of Settlement

Nassau County Surrogate Edward W. McCarty, III recently held that potential creditors of a living trust beneficiary were not interested parties in the trust accounting proceeding. Eric Penzer discusses the decision in our latest entry.
Continue Reading Potential Creditor of Trust Beneficiary Not Interested Party In Accounting Proceeding

In a recent Westchester County decision, the court enforced the terms of a prenuptial agreement providing that the decedent was to leave trusts for the benefit of his children despite some unusual circumstances. Jack Barnosky discusses the case in our latest entry.
Continue Reading Provision in Pre-Nuptial Agreement to Create Trust for Children is Enforceable

Having been adjudicated in both the criminal and civil forums, Castor v. Pulaski addressed the disturbing scenario of a wife murdering her husband, and thereafter forging his will so as to obtain all of his property. John Morken dicusses the civil case in this week’s entry.
Continue Reading Court Awards Compensatory and Punitive Damages, and Attorney Fees, for Fraud in Probating Will