Currently pending in the Legislature are Assembly Bill A.3209 and Senate Bill S2532, which have both been referred to the respective judiciary committees. The bills are straightforward: eliminate Surrogate’s Court Procedure Act (SCPA) 2402(9)(v) and the $45 fee for filing wills in the surrogate’s court. The SCPA contains two statutes concerning the filing of Last … Continued
Introduction Trusts and estates practitioners who litigate in the Surrogate’s Courts in New York State are familiar with a common phrase employed by Surrogates when discussing in terrorem clauses, which are used to discourage beneficiaries from asserting a challenge to the validity of a will: In terrorem clauses, while valid and enforceable, are not favored by the courts and … Continued
In December 1908, Isaac Weidberg embarks off the Saint Louis, arriving from Cherbourg, France, and steps onto Ellis Island to begin his life on American soil. He completes his immigration papers indicating his birthplace as Palestine.1 Like many immigrants, Isaac fled Europe at the turn of the century seeking opportunities in the new world. Europe was … Continued
Disqualification of Counsel Before the Surrogate’s Court, Westchester County, in In re Feigen was a motion by the objectants for an order (1) disqualifying the attorney-draftsperson and his law firm as attorneys for the nominated executors under the propounded instrument, (2) reopening the depositions of the attorney-draftsperson and his colleague, who was also involved in the preparation … Continued
I hope everyone had a great spring and has fun plans for the summer. I am elated that so many of you made it to Charleston for the spring meeting, where I enjoyed meeting and spending time with plenty of new faces, and am humbled by the Section’s extraordinary turnout. We had great and memorable … Continued
It was wonderful seeing so many of you in Charleston for the Spring meeting. Our Section’s camaraderie truly makes these meetings feel like enjoyable gatherings with friends, where we also have the valuable opportunity to learn from fellow trusts and estates professionals. I feel so grateful to be a part of it! In our second … Continued
Decisions of Interest, Recent Updates in Florida Law & Practice Tip for Non-Florida Lawyers An amended petition for appointment as guardian advocate denied due to petitioner’s prior felony conviction The Fourth District Court of Appeal upheld a trial court order denying the Petitioner’s appeal of an order disqualifying her from appointment as the guardian advocate … Continued
It’s not the holiday season, but New York practitioners often have “Santa Clauses” on their minds. These clauses, which are included in some New York estate planning documents, were introduced by practitioners several years ago to account for the New York “estate tax cliff” regime. Specifically, New York law provides a credit against estate tax … Continued
The NYSBA Trusts and Estates Law Section approved the proposed Who May Become a Voluntary Administrator Act (Small Estate Proposal) in January of 2025. The Small Estate Proposal would modernize the small estate procedures for a decedent’s small estate under Article 13 of the Surrogate’s Court Procedure Act (SCPA) by expanding and clarifying who may … Continued
In today’s highly mobile world, it is increasingly common for U.S. citizens and permanent residents to own homes abroad. These properties may have been acquired as vacation homes, inherited from parents who remained in their home countries, or maintained as dual residences for work, particularly by executives of international corporations. Even after retirement, many individuals … Continued