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
Did your father give you a nominal bequest but gave his favorite daughter the bulk of the estate? Were you bequeathed the family dog and $10,000, but your mother’s boyfriend of six months was to receive the Lamborghini and...more
This newsletter is intended to keep readers informed about developments in probate and fiduciary litigation in Massachusetts and New York. ...more
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
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...more
The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial. Recently, the Appellate Division, Fourth Department, and the...more
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
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
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