For trust and estate litigators, the federal court experience invariably begins – and sometimes ends — with an analysis of the probate exception to federal diversity jurisdiction. Two recent Southern District cases examine the probate exception. Part 1 of this blog series introduces the probate exception and discusses an “easy” case; Woitovichv. Schoenfeld. Part 2 of this series, coming soon (hopefully), examines the tougher case of Bulgariv. Bulgari. Continue Reading The Probate Exception to Federal Jurisdiction – From Woitovich (Part 1) to Bulgari (Part 2)
Trusts
Treasure and Trinkets
It is easy to be cynical about the “pots and pans,” “tchotchkes,” and “junk” – – the property that is often divided in a contentious manner at the bitter end of an estate litigation, or sometimes forgotten after years of litigation. An ongoing dispute in one of my cases led me to reflect on a…
Reformation Proceeding – Brigati Irrevocable Insurance Trust
In Matter of Brigati, Surrogate Czygier of Suffolk County addressed an application to reform the decedent’s life insurance trust, which contained a significant amount of insurance. The instrument contained a number of terms which could cause inclusion in the decedent’s gross estate. Among other things, it provided that upon the death of the Grantor, the life insurance…
Provision in Pre-Nuptial Agreement to Create Trust for Children is Enforceable
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.
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Surrogate: Dog Groups Barking Up The Wrong Tree
Readers may recall Eric Penzer’s previous entries regarding Leona Helmsley’s charitable trust in which she expressed a desire that its millions of dollars be used for the care and welfare of dogs. This week he addresses the New York County Surrogate’s Court’s latest decision on the issue, after animal welfare charities sought to intervene in the proceeding and vacate a prior determination that the trust assets could be distributed to any charities as the executors saw fit.
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Lessons of Constructive Trusts Continued
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
What is a Constructive Trust?
Often misunderstood or confused with an express trust, a constructive trust is an equitable remedy applicable in a variety of circumstances. Jaclene D’Agostino discusses the doctrine in our most recent entry.
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Action Dismissed For Failure to Join Beneficiaries
The Second Department recently addressed a trust rescission action in which the plaintiff failed to join certain remainder and charitable beneficiaries as parties. Jaclene D’Agostino explains the Court’s holding in this week’s blog entry.
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Triggering In Terrorem Clauses With Out-Of-State Will And Trust Contests
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.
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Trusts: Legally Protecting Assets from the Settlor’s Creditors
This week, Jaclene D’Agostino discusses the circumstances under which trusts assets are legally protected from the settlor’s creditors.
Continue Reading Trusts: Legally Protecting Assets from the Settlor’s Creditors