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22 Nov 2013, 12:22 pm
In probate proceedings involving the issue of testamentary capacity, parties frequently present testimony at trial from an expert psychiatrist. [read post]
31 Mar 2017, 7:18 am
A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that, any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof except that one whose only financial interest would be in the commission to which he would have been entitled if his appointed as fiduciary were not revoked by a later… [read post]
31 Mar 2017, 7:18 am
A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that, any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof except that one whose only financial interest would be in the commission to which he would have been entitled if his appointed as fiduciary were not revoked by a later… [read post]
19 Feb 2015, 6:40 am
On October 28, 2014, the Court of Appeals rendered its long awaited decision in In re Lawrence, 2014 NY Slip Op 07291, reversing the decision by the Appellate Division in which it was held that (1) a revised retainer agreement, under which the law firm received 40% of the net recovery (i.e. $44 million) was procedurally and substantively unconscionable and that fees should be determined under the original retainer; and (2) the claim to recover gifts made by the client to her attorneys… [read post]
30 Mar 2015, 7:06 am
In a March 6, 2015 decision in Levien v Johnson, NYLJ 1202721296511, at *1 (Sur Ct, New York County), the New York County Surrogate’s Court enjoined the trustees of a testamentary trust from proceeding in Texas to challenge the adoptions of two adults, Parvin Johnson, Jr. and Kenneth Ives, by the grandsons of the Decedent, Arnold Levien. [read post]
16 Oct 2019, 6:59 am
SCPA § 1404 requires that “at least two attesting witnesses must be produced before the court and examined before a written will is admitted to probate. [read post]
16 Apr 2020, 6:00 am
All too often co-fiduciaries do not see eye to eye in the administration of an estate or trust. [read post]
29 Sep 2016, 7:16 am
In two recent decisions, Surrogate Lopez Torres of Kings County denied petitions for guardianship under SCPA Article 17-A, demonstrating the strict circumstances under which guardians are appointed under this particular statute. [read post]
30 May 2014, 8:01 am
Two recent decisions from the New York County Surrogate’s Court attempt to answer this question. [read post]
30 May 2014, 5:30 pm
That is the Question – New York attorney Hillary Frommer of Farrell Fritz on the firm’s New York Trusts & Estates Litigation Blog NLRB Finds Employee’s Profane and Insubordinate Conduct Shielded by Protected Activity – Atlanta attorney Brennan Bolt of McKenna Long & Aldridge on the firm’s blog, Labor Relations Today Important Developments Have Arisen in Health Care-Related Immigration – Robert S. [read post]
