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...
By Jennifer F. Hillman, Esq.
Against Perpetuities is an often misunderstood rule which strikes panic in the
hearts of many law students and practitioners alike. Simply put, the rule
limits the ability of owners to control future dispositions...
The heirs of Melvin Simon, the
billionaire shopping mall magnate, are embroiled in a bitter estate struggle
contesting a will signed by Mr. Simon seven months before his death. Simon's eldest daughter claims there was
undue influence because Simon's...
Settlement of a wrongful death action can pose a challenge
for the decedent's attorney. Wrongful death actions are usually a two-step
process. First, the trial court handles the wrongful death action itself, and then
the Surrogate's Court, which...
New York has a very
well developed common law in the trust area, however its lack of accessibility
to practitioners and trustees has lead to recent discussions concerning whether
New York should adopt a uniform trust code.
For several years, various...
In terrorem clauses are a valuable drafting tool for a testator to prevent unwarranted will contests, however a recent case, Matter of Singer , 2009 N.Y. LEXIS 4475, 2009 NY Slip Op 9265 (Ct. App. Dec. 15, 2009) , has broadened the latitude of a beneficiary’s...
By: Jennifer F. Hillman *
The determination of what
constitutes a reasonable attorney's fee is a matter within the sound discretion
of the Surrogate's Court, which is in the best position to assess and consider
the necessary factors in fixing...