Decisions of Interest and Recent Updates in Law Homestead Property Not Beyond Reach of Creditors Where Property Was Acquired With Funds Obtained Through Fraud The Fourth District Court of Appeal in Renda v. Price reversed an order disallowing foreclosure on the equitable lien against Rose Renda’s homestead property. The facts are as follows. Joseph Price (“Price”) was … Continued

In contested proceedings to judicially settle the accounts of the executor of the estate and attorney-in-fact for the decedent, the objectants moved for an order granting summary judgment against the fiduciary. The record revealed that at the time of her death in 2015, the decedent was widowed and her only child predeceased her. In 2006, … Continued

As the winter winds blow, rattling the window panes, we hope that you will have the time in the wan seasonal light to enjoy some interesting cases involving the elements necessary to constitute a will; a claim of adverse possession by a tenant-in-common as against other tenants in common surviving summary judgment; the children of … Continued

Sole proprietors often sponsor 401(k) plans, which are funded in whole or in part by employees choosing to defer their compensation,1 to access a very tax-advantaged savings vehicle under the Internal Revenue Code of 1986, as amended (“Code”)2 and the New York State Tax Law.3 A 401(k) plan may have one participant, the proprietor, such as a … Continued

With a few exceptions, an individual who is domiciled in New York is taxed as a New York resident.1 In addition, an individual who is not domiciled in New York but who maintains a permanent place of abode in this state and spends, in the aggregate, more than 183 days in New York is a statutory … Continued

First introduced in 2012, the Legislature passed the Child-Parent Security Act (CPSA) into law on April 3, 2020.1 This act, for the first time, legalized gestational surrogacy agreements in New York in which the surrogate has not contributed genetic material. Further, it delineated procedures for establishing parentage for children conceived either as a result of such … Continued

Readers, as I conclude my third year as editor-in-chief of the Journal, I also conclude my tenure serving in this role. It has been an honor to serve as your editor-in-chief and I look forward to remaining involved in our Section and working with our members for many years to come. I am delighted to announce … Continued

It’s been a wonderful year and the days just flew by. We are headed into the holiday season, and in a short while we will be at the Annual Meeting of the New York State Bar Association at the New York Hilton. The first live Annual Meeting in three years. And it will be a great one. … Continued