When clients ask whether they can “sue for legal fees,” the courts continue to reiterate that the answer is almost always no; that the American Rule still controls. In our latest post, Frank Santoro discusses recent decisions in the contexts
Estate Litigation
Father Disqualified as Child’s Intestate Distributee for Failure to Support
In the recent case Matter of Lee, New York County Surrogate’s Court granted a motion for summary determination that decedent’s father was disqualified as a distributee and beneficiary for failure to support decedent. Yi Stewart discusses the decision in our…
The Remedy of Eviction in the Surrogate’s Court
When thinking of the Surrogate’s Court, jurisdiction over eviction proceedings does not normally come to mind. Yet, over the past 18 months, the Surrogates of New York and Bronx counties have found cause to order an eviction from estate or…
The Resolution of Interstate Adult Guardianship Disputes in New York
Given the travel restrictions that have arisen during the COVID-19 pandemic, it is unlikely that many recently-commenced adult guardianship proceedings have led to jurisdictional disputes in courts in different states. Pre-pandemic, however, in anticipation of commencing adult guardianship proceedings, parties…
Admission of Remotely Witnessed Will to Probate
In April 2020, Governor Cuomo issued Executive Order 202.14, authorizing the remote witnessing of wills in the midst of the COVID-19 pandemic. Earlier this week, Broome County Surrogate’s Court issued what appears to be the first reported New York decision…
Non-Marital Child’s Legitimacy is Presumed for All Purposes of New York Law, Including Inheritance, When Parents Marry After the Child’s Birth
When a child is born to parents who are not married, the child often must satisfy the provisions of EPTL 4-1.2 to inherit from the estate of his or her father. However, the Appellate Division’s recent decision in Tiwary v.…
Voiding a Stipulation of Settlement – Not as Simple as Changing Your Mind
In the recent decision of Matter of Hassine, the New York County Surrogate’s Court addressed a motion to vacate two pre-trial stipulations entered into by the movants’ prior counsel. Ilene Cooper discusses the case in our latest post.…
Can’t We All Just Get Along: When Non-Cooperation Leads to Removal
All too often co-fiduciaries do not see eye to eye in the administration of an estate or trust. They can usually work through their disagreements, but when they cannot, and their arguing and finger pointing have reached a level where…
THE REMOTE WITNESSING OF ESTATE PLANNING DOCUMENTS DURING THE COVID-19 PANDEMIC
As our everyday life continues to be impacted by the novel coronavirus (COVID-19), Governor Andrew Cuomo has signed various executive orders to address the issues faced by the State and its residents during these unprecedented times. In light of the…
TO INFINITY AND BEYOND (OR AT LEAST APRIL 18, 2020): NEW YORK STATE LAW TEMPORARILY AUTHORIZES THE REMOTE NOTARIZATION OF DOCUMENTS
On March 19, 2020, Governor Cuomo issued Executive Order No. 202.7, which temporarily authorizes the remote notarization of documents in New York until April 18, 2020. Rob Harper provides a summary as to its contents in our latest post.…