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31 Jan 2014, 7:52 am
A recent decision emanating from the Surrogate’s Court, Kings County, Matter of Nichols, N.Y.L.J., Nov. 15, 2013, p.40, addresses the rarely litigated issue of constructive abandonment (i.e., a spouse’s unjustified refusal to engage in sexual relations) as a basis for disqualifying a surviving spouse from receiving an elective share. [read post]
13 Feb 2014, 1:48 pm
My most recent blog post, titled No Sex, No Elective Share? [read post]
23 Jun 2016, 7:24 am
A recent decision of the Kings County Surrogate’s Court[1] demonstrates the importance of thoroughly analyzing all aspects of a statute of limitations defense prior to making a dismissal motion. [read post]
23 Jun 2016, 7:24 am
A recent decision of the Kings County Surrogate’s Court[1] demonstrates the importance of thoroughly analyzing all aspects of a statute of limitations defense prior to making a dismissal motion. [read post]
8 Jan 2020, 6:39 am
“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is deemed essential to effective representation” (Spectrum Sys. [read post]
8 Aug 2014, 6:11 am
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… [read post]
29 Jul 2010, 4:41 pm
- Californiad discovery referee Kathy Gallo on her blog, Resolving Discovery Disputes Due Process For Deported Immigrants: The Right To Reopen Proceedings Under Carachuri-Rosendo - Immigration lawyer Carlos Batara on his blog, Immigration Law, Policy & Politics Proposed Amendments May Take FMLA Benefits to New Heights - Long Beach attorney Walter Haines of United Employees Law Group on the firm's blog, The California Employee Advocate Decedent's Purported… [read post]
12 Feb 2009, 4:26 pm
- Sacramento lawyer Allison Cook of Stoel Rives on the firm's blog, Renewable + Law Your Personal Brand is Important For Your Success - Legal marketing expert Tom Kane of Kane Consulting Inc. in his Legal Marketing Blog Executor Granted Advance Payment Of Commissions Despite Prohibition In Will - Uniondale attorney Eric Penzer of Farrell Fritz on the firm's New York Trusts & Estates Litigation Blog Ohio Supreme Court Allows Collection of… [read post]
19 Apr 2011, 5:00 pm
. - MN lawyer Chuck Ramsay on his blog, Minnesota DWI Defense The Economic Imperative of Transforming Sick Care into Health Care - Kansas attorney Martie Ross of Spencer Fane Britt & Browne on the firm's blog, Health Law Navigator Class Representative "Credibility Problem" Sinks Class Certification - Washington, DC lawyer Ronald Wick of Cozen O'Connor on the firm's blog, Class Action Defense Review Same-Sex Marriages and… [read post]
31 Jan 2014, 5:31 pm
– Uniondale attorney Eric Penzer of Farrell Fritz on the firm’s New York Trusts & Estates Litigation Blog Football Transfer Deadline Day: The Haves, and the Have Yachts (and the have Super Yachts) – UK lawyer Charles Frost of Squire Sanders on the firm’s blog, Employment Law Worldview Google, Apple and Mobile Medical Apps – Cincinnati lawyer Mark McAndrew of Taft on the firm’s blog, Managed Market Access Coworking Part 1: Turning the… [read post]
25 Apr 2022, 8:45 am
My colleagues Eric W. [read post]
11 Aug 2014, 3:32 am
The rules surrounding the death of a partner or a shareholder are familiar to most practitioners. [read post]
27 Nov 2017, 3:26 am
According to Eric W. [read post]
16 Mar 2009, 5:00 am
(Please visit the New York Trusts & Estate Litigation blog, where my partner, Eric Penzer, discusses Pappas in regard to the evidentiary issues surrounding admissions by estate fiduciaries and the possible interplay of the Dead Man's Statute.) [read post]
9 Aug 2021, 3:58 am
My partner Frank McRoberts recently posted about two New York cases, one involving an LLC and the other a close corporation, in which the courts resolved conflicts between, on the one hand, provision in the operating/shareholder agreement dictating or otherwise restricting the identity of transferees of an owner’s interest upon death and, on the other hand, testamentary bequests of the same interests in the wills of the deceased owner. [read post]
