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Preventive Medicine for the Health of Your Estate

By Jennifer F. Hillman and Leora A. Ardizzone Physicians and other licensed health care providers labor many years to build their practices. However, unlike many other businesses a health care practice cannot be passed by will or otherwise to the provider's spouse or children, unless they too...

Potential Pitfalls of an Out of State Executor: Keep New York Estate Assets in New York

By Jennifer F. Hillman Pursuant to New York Surrogate Court Procedure Act ("SCPA") § 711, a fiduciary cannot remove property of an estate from New York without prior approval of the Court. A violation of this duty could lead to suspension, modification of letters testamentary or removal...

Attorney-Executor Beware: Strict Compliance With SCPA § 2307-a Is Needed For Full Commissions

By: Jennifer F. Hillman, Esq. When the nominated executor under a will is also the attorney-draftsman (or an employee of that attorney) additional disclosures are necessary to assure that the nominated executor will receive their full statutory commissions. Pursuant to New York Surrogate’s Court...

Must A Living Person Disclose Their Estate Plan: The Limits of NY CPLR § 4503

By Jennifer F. Hillman, Esq. Most communications between an attorney and client are privileged pursuant to New York Civil Procedure Act (“CPLR”) § 4503. There is, however, a carve-out in proceedings concerning the probate, validity or construction of a will. Pursuant to CPLR §...

Searching for Frank: What Is A Diligent Search For Heirs?

By Jennifer F. Hillman, Esq. | Finding the current whereabouts of long-lost beneficiaries or distributes may be one of the more difficult aspects of an estate proceeding. Aside from the jurisdictional requirements, what happens when a beneficiary or distributee has not been heard from for decades...

Jennifer F. Hillman: Inheritance Rights of Posthumously Conceived Children in New York State

By: Jennifer F. Hillman, Esq. Medical technology continues to advance at a rapid pace. Since the first “test tube” baby was born on July 25, 1978, the field of artificial reproduction has blossomed. According to the United Stated Department of Health and Human Services Office of Population...

Tangible Personal Property: What Does it Encompass?

By Jennifer F. Hillman The phrase “tangible personal property” is a term of art frequently utilized by estate practitioners when drafting documents. However, what is, and what is not tangible personal property is not always clear. A recent case, In re Rothschild , N.Y.L.J., October 28...