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
New York Trusts & Estates Litigation
Latest from New York Trusts & Estates Litigation - Page 2
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
By Ilene Cooper
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.…
Wealth Transfer Opportunities with Devalued Assets
To Our Readers –
Although this is not an Estate Litigation topic, we thought you might be interested in this very timely article because of its impact on estate planning. Special thanks to our Estate Planning Group for preparing this…
SURROGATE’S COURTS’ RESPONSE TO THE CORONAVIRUS
By Edward Baker
New York State Surrogate’s Courts have advised of their responses to the coronavirus. Edward Baker provides this essential information in our latest post.…
The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?
There have been several New York decisions addressing the evolving issue of access to a decedent’s digital assets since our last post on the subject one year ago. Our latest post provides an update as to the state of the…