I have it on good authority that as you read this, summer has arrived. Whether you are in the mountains or on the beach, or neither, to keep the mental gears turning lest they seize up in a surrender to enjoyment, we present some interesting cases involving: a complaint being determined to state a claim … Continued
A discovery proceeding pursuant to SCPA 21031 may be commenced by any legal representative of an estate, including a preliminary executor or a temporary administrator. An estate fiduciary has a duty to collect and preserve estate assets for the benefit of the beneficiaries of an estate. To this extent, when the fiduciary knows, or has reason to … Continued
I. Removal It is well-settled that a testator’s choice of a fiduciary is entitled to great deference;1 however, a fiduciary may be removed when the grounds set forth in the Surrogate’s Court Procedure Act (SCPA) have been clearly established.2 Additionally, a hearing on removal is not necessary when undisputed facts or concessions are within the … Continued
The TELS Section is back live (almost) The spring meeting was held in a hybrid format this year. We had an in-person Executive Committee meeting in the morning, an in-person lunch, and a CLE that was available live at the site or on Zoom. In the evening, we had a live reception for the attendees … Continued
DECISIONS OF INTEREST Absent Evidence of Contrary Intent, Title Taken by Married Couple in Home Is Taken as Tenants by the Entirety The Third District Court of Appeal reversed a final order granting summary administration of the estate of Eleida Ramos. The facts are as follows: Eleida Ramos (wife) and Pedro Ramos (husband) were married … Continued
Since the 1980s, nearly all aspects of our lives, from socializing to financial transactions, have increasingly become digitized—so too, now, has our art. One form of digital art in particular, Non-Fungible Tokens, commonly referred to as NFTs, has been around since approximately 2014, but its growth in popularity—as well as in value—over the past year … Continued
Common Law Marriage Before the Surrogate’s Court, Orange County, in Matter of Rogers, was a proceeding for letters of administration in which the threshold issue was whether the petitioner was the decedent’s common law spouse. Objections were filed by the decedent’s only child, who filed a cross-petition in which he claimed to be the decedent’s sole distributee. The … Continued
While some clients flaunt their wealth, others like to keep things quiet. Sometimes, such “financial modesty” is motivated by a concern that knowledge of family wealth could result in disincentivized children or grandchildren. Although some may question whether such financial modesty is a virtue, there is no requirement that parents disclose their net worth to … Continued
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