A nominated executor is obliged to secure estate assets even before the issuance of letters testamentary. But what if the nominated executor expends personal funds to preserve assets that she erroneously believed to belong to the estate? Is she entitled to reimbursement? The Oneida County Surrogate’s Court recently addressed this situation in Matter of Timpano. Brian Corrigan discusses the case in our latest entry.
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In a decision that could well cause even the most casual trusts and estates practitioners to scratch their proverbial heads in wonder, the Appellate Division, Third Department, in Matter of Buchting, 111 AD3d 1114, 975 NYS2d 794 (3d Dept 2013), recently affirmed the determination of the Surrogate’s Court, Greene County, dismissing a “due execution” objection to probate, notwithstanding that both attesting witnesses invoked their Fifth Amendment rights against self-incrimination and refused to testify at their SCPA 1404 examination concerning the execution of the will. Eric Penzer discusses the decision in our latest entry.
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In Matter of Smith, the nominated executor of an estate sought to dispense with the testimony of one of the attesting witnesses at the SCPA 1404 stage of a probate proceeding. The court denied the motion, explaining that the statutory requirements had not been satisfied. Jaclene D’Agostino discusses the decision in our latest blog entry.
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Last week, the Court of Appeals rendered a significant decision regarding the extent of discovery that may be conducted without triggering an in terrorem clause. In Matter of Singer, objections to probate were never filed. However, the issue presented was whether a beneficiary’s decision to depose the decedent’s prior attorney, a form of discovery not protected by the safe harbor provisions of EPTL 3-3.5 or SCPA 1404, triggered the two in terrorem clauses set forth in the propounded will. Jaclene D’Agostino discusses the case in this week’s blog entry.
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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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