In New York, surviving spouses are protected by the right of election. But the surviving spouses of New York public employees are not always so protected, as there is an unjust and avoidable flaw in those protections. The widow of a retired New York City public employee learned of this flaw firsthand upon the death … Continued

It is hard to believe that the year is halfway over and summer is almost here. It has been an incredibly successful and rewarding start to 2023 for our section. We have had several great events and continue to work diligently on a variety of legislative projects. Among many other events, our spring meeting at … Continued

Arbitration In Glassman v. Cohen, the Appellate Division, Second Department affirmed an order of the Supreme Co urt, Kings County, which denied a petition and dismissed a proceeding for arbitration. The petitioner alleged that he and the respondents were the children of the decedents, who died in the years 2003 and 2014, respectively. The petition requested that … Continued

Those of us working in the trusts and estates area see the strain when mom or dad dies and no estate plan is in place. Siblings often go to war. Holidays and other celebrations will never be the same. Long-held resentments resurface. Even if mom or dad is very sick or dying when estate planning … Continued

If you have petitioned the court to establish a property guardianship under Surrogate’s Court Procedure Act (SCPA) Article 17, it is likely that you have considered seeking the authority to invest the infant’s funds with an investment advisor and sought to dispense with a bond by making an application to the court under the provisions … Continued

Introduction More than 70 years ago, the Court of Appeals explained that “where a trustee holds a working control of the stock in an estate corporation he is accountable in the probate court for the administration of the corporate affairs.”1 In other words, if fiduciaries, in their individual and/or fiduciary capacities, own a controlling interest in … Continued

The Covid-19 Pandemic caused many Americans who reside in large cities to purchase vacation homes in places that are less congested or otherwise considered vacation areas. For example, many New York City residents have purchased homes in the Hamptons, the Jersey Shore, the Adirondacks and even more distant places such as Florida and Arizona to … Continued

Editor’s note: please see Ilene Sherwyn Cooper’s article, Case Notes—New York Supreme and Surrogate’s Court Decisions, on p. 21, which also discusses details of the case In re Pannella. 2022 saw significant developments, lessons and reminders. 11. Trustees Do Not Require Court Approval To Decant a Trust Estates, Powers and Trust Law (EPTL) §10-6.6 permits “decanting,” which … Continued

I want to start by thanking the members of the Trusts and Estates Law Section for entrusting me to be Chair of the Section. I am excited for the year ahead and look forward to working with you on all the interesting and important projects that the Section is handling. It has already started as … Continued

On behalf of the incoming editorial board and our readers, I extend a tremendous thank you to Nicholas G. Moneta, who has stepped down as editor-in-chief of the Journal after three incredible years of service. Nick, we are so grateful for your dedication and commitment to this publication. I also want to congratulate Rebecca M.G. Zuks of … Continued