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Archives: Articles

Judicial Appointments

Appellate Term Hon. Joseph R. Conway Congratulations to Hon. Joseph R. Conway, who was appointed to the Appellate Term of the Supreme Court, Second Department, Ninth and Tenth Judicial Districts on October 1, 2024. Administrative Judge and Statewide Judicial Appointments Hon. Suzanne J. Adams Administrative Judge, New York County Supreme Court – Civil Term Congratulations to Hon. … Continued

Celebrating 40 Years of Judicial Excellence: The Latino Judges Association

Honorable Javier E. Vargas is a Judge of the Court of Claims and serves as Treasurer of the Latino Judges Association and as Secretary to the Judicial Division of the Hispanic National Bar Association. In 2025, the Latino Judges Association (LJA) proudly commemorates its 40th anniversary, marking four decades of unwavering commitment to progress, advocacy and representation … Continued

To File or Not to File (a Last Will and Testament)

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

The Strict Construction of No Contest Clauses in New York

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

The Curious Case of the Consul General

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

New York Supreme and Surrogate’s Court Decisions

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

Message From the Section Chair

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

Message From the Editor-in-Chief

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

Florida Update

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