This week’s post discusses amendments to EPTL 2-1.6, the statute pertaining to the disposition of assets in circumstances of apparent simultaneous deaths.
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Probate of a Lost Will
By Jaclene L. D'Agostino on
Posted in Probate
This week’s entry discusses the requirements to probate a will when the original instrument has been lost.
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The Due Execution of Wills
By Ilene S. Cooper on
Posted in Probate
To be admitted to probate, a will must be duly executed in accordance with statute. In this week’s blog entry, Ilene Cooper discusses how courts have applied and interpreted the due execution requirements.
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Discovery in Probate Contests
By Robert M. Harper on
Posted in Probate
Discovery in probate contests is generally limited to a specific time frame. This week’s entry discusses the governing rule, and situations in which it may be expanded.
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Beneficiary Participation Irrelevant to Allocation of Trustees’ Litigation Costs
By Jaclene L. D'Agostino on
Posted in Fiduciaries
Legal fees incurred by fiduciaries in connection wtih their stewardship are generally chargeable to a trust or estate as a whole. This week’s blog entry discusses a recent case in which non-objecting beneficiaries sought to allocate trustees’ litigation costs solely to the objecting parties’ interests.
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Court Rejects Executor’s Attempt to Sell House To Herself For $10
By Eric W. Penzer on
Posted in Fiduciaries
This week’s entry discusses a recent decision rejecting an executor’s attempt to “sell” the decedent’s house to herself for the price of $10.
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A Matter of Faith: Conditioning Bequests on Religious Observance and Marriage
By Robert M. Harper on
Posted in Construction of Wills and Trusts
This week’s entry contemplates whether bequests conditioned on religious observance are enforceable in contemporary times.
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Court Considers Estate Planning Documents In Deciding Corporate Dispute
By Eric W. Penzer on
Posted in Evidence
This week’s entry discusses a recent case in which a decedent’s estate planning documents were relevant in determining the outcome of a corporate dispute.
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Cases of Attorney-Fiduciaries
By Ilene S. Cooper on
Posted in Fiduciaries
In this week’s entry, Ilene Cooper discusses recent cases addressing issues associated with naming an attorney-draftsman as the fiduciary of an estate.
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Tax Apportionment on Gift Tax Recapture
By John J. Barnosky on
Posted in Fiduciaries
This week’s entry by Jack Barnosky discusses a recent decision from the Westchester County Surrogate’s Court.
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