In this volume, Deirdre Baker offers a timely report on, among other things, where home-care Medicaid services stand today; Gary B. Freidman presents the second part of his two-part series, which discusses how the Surrogate’s Court’s contempt powers can be a powerful weapon for recovering assets on behalf of beneficiaries and for compelling fiduciaries to … Continued
Hello; let me first send out my appreciation to the members of the Trusts & Estates Section who elected me the new Chair. It is an awesome responsibility. Three years ago, I was asked to become an officer of the Section. The years passed quickly and now I set out on this task with my … Continued
DECISIONS OF INTEREST Court Upholds Revocation of Will and Revocable Trust and Removal of Trustee; the Court Determines That a Personal Representative and a Successor Personal Representative of a Revoked Will and Trustee and Successor Trustee of a Revoked Revocable Trust Are Not Interested Parties to Challenge the Validity of a Subsequent Will and Revocable … Continued
Donor-advised funds, or DAFs, are popular with donors and their advisors, and they attract billions annually in charitable giving. One study estimates that nearly $39 billion flowed into DAFs in 2019 alone.1 With popularity and large sums of money comes controversy—in the media, the courts, and even in Congress. In this article, we consider one forum … Continued
In addition to the Judiciary Law (JL) provisions, the Surrogate’s Court Procedure Act (SCPA) has its own contempt provisions1—found in SCPA 606 and 607. As they say, the “devil is in the details” and these provisions have resulted in much confusion and litigation. SCPA 606 dictates when a Surrogate’s order may be enforced by contempt … Continued
The New York State community Medicaid program has a history of being a resource that allows individuals to receive care at home, rather than in a nursing home or medical facility. The services provided by the program have traditionally included social, medical, and housekeeping services.1 On April 3, 2020, however, the New York State Legislature passed … Continued
Denial of Probate In In re Falkowsky, the Appellate Division, Second Department affirmed a decree of the Surrogate’s Court, Westchester County, which, after a nonjury trial, denied probate of the propounded will on the grounds of lack of testamentary capacity and undue influence. The decedent died on January 14, 2015, while at White Plains Hospital Center, where … Continued