When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more
Can a person claiming to be the decedent’s biological child out of wedlock obtain a court order directing DNA testing of the decedent’s acknowledged children, in order to verify her claim? In Matter of Estate of McGuire, 203...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more
5/3/2023
/ Arbitration Agreements ,
Asset Management ,
Beneficiaries ,
Divorce ,
Estate Planning ,
Fiduciary Duty ,
Probate ,
Probate Code ,
Probate Courts ,
Separation Agreement ,
Spouses ,
Surrogate's Court ,
Unenforceable Contract Terms
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. Our lawyers are at the forefront of this area of the law, shaping how it is handled in...more
6/22/2022
/ Beneficiaries ,
Bernie Madoff ,
Breach of Duty ,
Fiduciary Duty ,
Investment Opportunities ,
No Contest Clause ,
Probate ,
Probate Courts ,
Recklessness ,
Surrogate's Court ,
Trustees ,
Trusts ,
Wills
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York.
Decedent’s New York Residence at Time of Death Does Not Create Jurisdiction in New...more
9/30/2021
/ Absolute Immunity ,
Asset Management ,
Beneficiaries ,
Conservators ,
Decedent Protection ,
Estate Planning ,
Fiduciary Duty ,
Irrevocable Trusts ,
Jurisdiction ,
Probate ,
Probate Courts ,
Quasi-Judicial Process ,
Surrogate's Court ,
Trustees ,
Undue Influence Claims
Lose a Diamond Ring – Pay the Estate -
Matter of Steinman, 2020 WL 2170757 (2nd Dep’t May 6, 2020) -
A Floridian borrowed an expensive diamond ring from a New Yorker, while in New York State, and subsequently lost the...more
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. ...more
10/21/2019
/ Appeals ,
Asset Diversification ,
Asset Management ,
Beneficiaries ,
Business Litigation ,
Charitable Trusts ,
Decedent Protection ,
Diversification Requirements ,
Duty of Prudence ,
Duty to Settle ,
Executors ,
Fiduciary Duty ,
Filing Deadlines ,
General Electric ,
Guardians ,
Health Care Providers ,
Liability ,
Medical Records ,
Motion to Compel ,
Nursing Homes ,
Personal Representatives ,
Philip Morris ,
Probate ,
Request for Production ,
Stocks ,
Surrogate's Court ,
Tort ,
Trustees
Disinherited Children Lose Challenge to Mother’s Will in New York Surrogate’s Court -
Matter of Loe, 2019 WL 657041 (N.Y. Sur. Feb. 13, 2019) -
Can disinherited children challenge their mother’s will based on possible...more