Estate and Elder Law

Recent Posts

John G. Farinacci: Rules Concerning Non-Party Subpoenas Finally Made Uniform
Posted on 29 Apr 2014 by John G. Farinacci

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... Read More

Hostility as a Basis to Deny Fiduciary Appointment
Posted on 1 Mar 2013 by John G. Farinacci

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... Read More

Dedon on Estate Planning: Ringing in the New Year With Good Estate Tax News
Posted on 9 Jan 2014 by John Dedon

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... Read More

Attorney-Executor Beware: Strict Compliance With SCPA § 2307-a Is Needed For Full Commissions
Posted on 26 Sep 2013 by Jennifer Hillman

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... Read More

Searching for Frank: What Is A Diligent Search For Heirs?
Posted on 19 May 2014 by Jennifer Hillman

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... Read More

Random House Cedes Some Digital Rights to Styron Heirs
Posted on 30 Apr 2010 by LexisNexis Estate and Elder Law Community Staff

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... Read More

Opening the Safe Deposit Box
Posted on 12 Feb 2014 by Peter K. Kelly

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... Read More