Search for: "Ilene Cooper" Results 1 - 20 of 42
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13 May 2022, 6:36 am by Ilene Cooper
The recent opinion by the Appellate Division, Third Department, in In re Strom Irrevocable Trust III, 2022 NY Slip Op 01356, provides a cautionary tale to estate litigators who conduct SCPA 1404 examinations in the face of a trust instrument’s in terrorem clause. [read post]
6 May 2022, 7:25 am by Ilene Cooper
While the removal of a fiduciary has long been the subject of Surrogate’s Court opinions, it is not often that the Appellate Division weighs in on the issue. [read post]
19 Apr 2021, 6:16 am by Ilene Cooper
When thinking of the Surrogate’s Court, jurisdiction over eviction proceedings does not normally come to mind. [read post]
29 Apr 2020, 8:11 am by Ilene Cooper
Stipulations of settlement often serve as the objective in Surrogate’s Court litigation, ending disputes and the ongoing expense of controversy. [read post]
17 Apr 2019, 4:13 am by Ilene Cooper
One of the most fundamental duties of a fiduciary is the duty of loyalty. [read post]
23 Jan 2019, 6:15 am by Ilene Cooper
Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right of election. [read post]
26 Sep 2018, 8:25 am by Robert Harper
In late-August 2018, Governor Cuomo signed into law amendments to EPTL § 11-1.7, which my colleague, Ilene S. [read post]
6 Oct 2017, 7:23 am by Ilene Cooper
The fiduciary who thinks a receipt and release is the answer to all future claims for an accounting and liability may have a surprise in store. [read post]
6 Oct 2017, 7:23 am by Ilene Cooper
The fiduciary who thinks a receipt and release is the answer to all future claims for an accounting and liability may have a surprise in store. [read post]
9 Jun 2017, 12:08 pm by Ilene Cooper
While most decisions rendered by the Surrogate’s Court result from an affirmative request for relief, occasionally the court will address an issue on its own motion when justice or the exercise of its inherent or statutory power requires. [read post]
9 Jun 2017, 12:08 pm by Ilene Cooper
While most decisions rendered by the Surrogate’s Court result from an affirmative request for relief, occasionally the court will address an issue on its own motion when justice or the exercise of its inherent or statutory power requires. [read post]
10 Feb 2017, 7:00 am by Ilene Cooper
Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending upon the dispositive terms of the governing instrument, liquidate them for purposes of distribution, the fulfillment of these duties may, at times, result in fiduciary liability. [read post]
10 Feb 2017, 7:00 am by Ilene Cooper
Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending upon the dispositive terms of the governing instrument, liquidate them for purposes of distribution, the fulfillment of these duties may, at times, result in fiduciary liability. [read post]
24 Jan 2017, 4:30 am by Tom Kosakowski
Working with Groups: An Interactive Exercise (Level: Fundamental; Sector: All), Linda Brothers & Tyler Smith, Associate Ombudsmen, Office of the Ombudsman, Center for Cooperative Resolution National Institutes of Health29. [read post]
20 Jan 2017, 7:58 am by Ilene Cooper
Powers of attorney and trust instruments have each been the subject of many an estate plan. [read post]
20 Jan 2017, 7:58 am by Ilene Cooper
Powers of attorney and trust instruments have each been the subject of many an estate plan. [read post]
8 Sep 2016, 9:10 am by Ilene Cooper
On August 19, 2016, Governor Cuomo signed into law an amendment to CPLR §4503(b) which creates another exception to the attorney-client privilege in the case of revocable trusts. [read post]
14 Jul 2016, 10:45 am by Ilene Cooper
In 2010, the Appellate Division, Second Department, made it clear that principles of equity grounded in rules of forfeiture can adversely impact a surviving spouse’s entitlement to an elective share. [read post]
14 Jul 2016, 10:45 am by Ilene Cooper
In 2010, the Appellate Division, Second Department, made it clear that principles of equity grounded in rules of forfeiture can adversely impact a surviving spouse’s entitlement to an elective share. [read post]