In our latest entry, Ilene S. Cooper discusses two recent decisions addressing the validity of inter vivos gifts, and the contrasting results of each case.
Continue Reading Two Recent Decisions That Have Validated and Invalidated Inter Vivos Gifts
One of the most common objections in probate contests is the allegation that the propounded instrument was a product of undue influence. In our latest entry, Ilene Cooper reflects upon two decisions from 2011 in which the Surrogate’s Courts of New York and Kings Counties addressed such claims, which arose from contrasting fact patterns.
Continue Reading Issues of Undue Influence
In the recent decision of Matter of the Accounting of Tydings, the Bronx County Surrogate’s Court addressed the misconduct of the trustee of a lifetime trust, in view of an exoneration clause contained in the instrument. Ilene Cooper discusses the case in our latest entry.
Continue Reading Fiduciary Beware: Contested Accounting in the Face of Exoneration Clause Results in Liability for Inter Vivos Trustee
This week, Ilene S. Cooper provides a summary of recent decisions emanating from the appellate courts, which address a range of topics pertinent to the estate practitioner.
Continue Reading A View from the Appellate Bench
As explained by Jaclene D’Agostino in our previous entry, constructive trusts may be imposed in a variety of circumstances. However, there are numerous situations in which courts have rejected the imposition of that remedy. One such example is the case of Dext v. Rorech III, Individually and as Executor of the Estate of William Rorech, Jr., recently emanating from Suffolk County Surrogate’s Court. Ilene Cooper discusses the case in this week’s entry.
Continue Reading Lessons of Constructive Trusts Continued
Courts may implement various remedies when a fiduciary fails to comply with an order to account. This was recently illustrated by Surrogate Holzman’s decision in In re Brissett, which Ilene Cooper discusses in this week’s entry.
Continue Reading Lessons From the Bench: Remedies for Breach of Fiduciary Duty
While the Court of Appeals has rendered two important trusts and estates decisions this summer, additional topics of interest have been addressed at the trial court level. Ilene Cooper discusses a few of these “hot topics” in this week’s blog entry.
Continue Reading Hot Topics in Trusts and Estates
This week, Ilene S. Cooper explains a recent case in which the Suffolk County Surrogate’s Court analyzed whether a beneficiary’s interest in the decedent’s residence qualified as a life estate, notwithstanding the explicit use of the term in the decedent’s Will.
Continue Reading Court Examines Beneficiary’s Right to Sell Real Property
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.
Continue Reading The Due Execution of Wills
In this week’s entry, Ilene Cooper discusses recent cases addressing issues associated with naming an attorney-draftsman as the fiduciary of an estate.
Continue Reading Cases of Attorney-Fiduciaries