Random House Cedes Some Digital Rights to Styron Heirs

The heirs of author, William Styron, are proceeding with plans to release e-books of Styron titles despite Random House's earlier claim to the right to publish electronic versions of books. Random House is backing away from its earlier statement that authors are precluded from granting publishing...

Hostility as a Basis to Deny Fiduciary Appointment

By: John G. Farinacci Estate disputes have been called "divorces of siblings." Although sibling disputes over their parent's estates are common, there are many other relationships that result in estate disputes as well. However, the point of the saying is well taken in that complex family...

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...

Dedon on Estate Planning: Ringing in the New Year With Good Estate Tax News

By John Dedon In the estate tax world, 2013 ended in stark contrast to the frantic planning during 2012. 2013 marked a return to fundamental estate planning; namely, using Wills, Revocable Trusts, Powers of Attorney and Medical Directives, to protect the family assets for a surviving spouse and children...

Opening the Safe Deposit Box

By Peter K. Kelly Of Counsel, Ruskin Moscou Faltischek Often shortly after a decedent’s death, family members need to search the decedent’s safe deposit box for the original Will, a deed to a burial plot, a policy of life insurance or papers bearing upon his or her desire as to the...

John G. Farinacci: Rules Concerning Non-Party Subpoenas Finally Made Uniform

By John G. Farinacci, Esq. In New York Surrogate’s Court litigation, there are many unique discovery devices that would be foreign to an attorney that litigates primarily in State Supreme Court. An SCPA 2103 discovery proceeding is one example. However, the majority of discovery in Surrogate’s...

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...