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Appellate Court Upholds Objections To Probate In Spite Of Waiver

The Supreme Court's Appellate Division recently upheld New York County Surrogate Nora Anderson's decision in the probate proceeding of Rosalin E. Melnick 942 N.Y.S.2D 45 (A.D. 1Dept 2012) [ enhanced version available to lexis.com subscribers ] which denied a petitioner's motion to dismiss...

Holocaust Survivor's Estate Ordered To Return Ancient Gold Artifact To Berlin Museum

Today's [5/31] New York Law Journal has reported that the Appellate Division of the Supreme Court has overturned a ruling by former Nassau County Surrogate John Riordan and has directed that the estate of a Holocaust survivor return an ancient gold tablet to the Berlin Museum. The court's unsigned...

A Stipulation Made in Open Court Will Probably Rust if Left in the Rain

I have never happily allowed a client to enter into a stipulation with provisions which he or she will probably not be able to keep. Also, while I wholeheartedly subscribe to the maxim that "A bad settlement is better than a good lawsuit", I try to be careful that the "bad" provisions...

Don't Let Your Case Become A Lunchroom Munchy!

Reviewing the decision of Monroe County Surrogate Edmund A. Calvaruso which awarded the petitioner's attorney $5,955, after the executor appealed, the Fourth Department Appellate Division reduced the original fee to $2,977.50. This decision, in the Matter of the Estate of Katharine Dressauer N.Y...

Death And Your Emails

An article by Dennis Kennedy in this month's ABA Journal poses some interesting questions about our "digital estate". Keeping in mind that the "e" in email stands for "evidence" and "eternal" , it is a sure bet that our on line presence will outlive us. That...