The NYSBA Trusts and Estates Law Section approved the proposed Who May Become a Voluntary Administrator Act (Small Estate Proposal) in January of 2025. The Small Estate Proposal would modernize the small estate procedures for a decedent’s small estate under Article 13 of the Surrogate’s Court Procedure Act (SCPA) by expanding and clarifying who may … Continued
It is well-settled law in New York that the right to marital property in a divorce action remains inchoate until a judgment of divorce is rendered. Once a divorce judgment is rendered, however, the parties acquire a vested interest in the marital property allocated to each party pursuant to the judgment. There is a concern, … Continued
Last year at this time, I wrote the second of two articles1 for this publication regarding the effects of the United States Supreme Court decision in Dobbs v. Jackson Women’s Health Organization,2 which overturned the long-standing constitutional protections relating to reproductive rights established in Roe v. Wade.3 The initial article from 2022 addressed not only the evisceration of reproductive rights, … Continued
In January, a question of first impression in the context of prenuptial agreements came before the New York Supreme Court: Must a self-represented spouse-be-to be provided with presumptive calculations of waived maintenance to knowingly waive that maintenance? Yes, the court held, he must. In J.M. v. G.V.,1 Justice Jeffrey S. Sunshine of Kings County considered enforcement of … Continued
NYSBA’s Family Law Review Recent Legislation, Cases and Trends in Matrimonial Law By Wendy B. Samuelson Recent Legislation New York repeals 117-year-old law criminalizing adultery New York has officially struck down its antiquated adultery law, a relic from 1907 that classified infidelity as a Class-B misdemeanor, punishable by a $500 fine or up to three … Continued
Decided on February 18, 2025 Supreme Court, Westchester County C.A., Plaintiff, against J.D-A., Defendant Index No. XXXXX Plaintiff – Valerie A. Gray, Esq., Law Office of Valerie A. Gray, 3539 Tiemann Avenue, Bronx, New York 10469 Defendant – Pro Se James L. Hyer, J. Relevant Factual and Procedural History On June 3, 2015, this matrimonial … Continued
When it comes to Medicare, not all states are created equal. New York stands out as one of the most consumer-friendly states, offering benefits that don’t exist elsewhere. New York is a “guaranteed issue” state, meaning it doesn’t require medical underwriting to enroll in a Medicare Supplement plan. This gives New York Medicare beneficiaries unparalleled … Continued
With a new Secretary of Education and a new administration determined to cut federal spending, we are faced with the prospect of drastically reducing (or abolishing) the U.S. Department of Education’s (DOE) role in today’s education system. The message from the Trump administration is to return the oversight of education to the states and make … Continued
Dear Section Members: At the time of this writing, spring is upon us! For many, this may draw up visuals of flowers and chirping birds; for some of us it brings thoughts of budget season, Albany, and legislative advocacy. While members of the Executive Committee are hard at work on legislative issues year-round, the intensity … Continued
This message from the Co-Editors is a bittersweet one! After a number of years as Co-Editor, Katherine (Katy) Carpenter, will be stepping down to pursue other roles in our Section. We are sad to see Katy go, but are incredibly grateful for her contributions to the Journal and our section! Thank you, Katy! This issue … Continued