Estate and Elder Law

Recent Posts

Deirdre Wheatley-Liss: 4 Good (?) Reasons to Contest a Will
Posted on 21 Mar 2013 by Deirdre R. Wheatley-Liss

Maybe it's the season, but I have gotten a lot of calls recently about will contests. A will contest usually happens when your heirs are surprised by what your will says, or by what you have left when you go to the great beyond. I have represented... Read More

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

Alexander Polsky of JAMS on the Mediator's "Client" - Litigation Management & Case Resolution Under the New Medicare Guidelines
Posted on 4 Jun 2010 by HB Litigation Conferences

Mediator Alexander Polsky of JAMS spoke to an audience gathered for HB Litigation Conferences May 19 program on Medicare, Medicaid & SCHIP in Torts, during a session titled "Litigation Management & Case Resolution Under the New Medicare Guidelines... Read More

When To Object To Attorney-Fiduciary Commissions
Posted on 28 Aug 2015 by Jennifer Hillman

By Jennifer F. Hillman, Esq. In the past, I have written about the additional disclosures necessary when the nominated executor under a will is also the attorney-drafter (or an employee of that attorney). [i] If an attorney-executor fails to comply... Read More

S.C. Judge Clifton Newman on Litigation Management & Case Resolution Under the New Medicare Guidelines
Posted on 4 Jun 2010 by HB Litigation Conferences

The Hon. Clifton Newman of the South Carolina Circuit Court spoke on the session titled "Litigation Management & Case Resolution Under the New Medicare Guidelines" during HB Litigation Conferences' May 19, 2010, program on Medicare,... Read More

Katten Muchin Rosenman LLP: 8 Key Estate Planning Opportunities Arising From The Supreme Court's Decision On Same-Sex Marriage
Posted on 30 Jun 2015 by LexisNexis Legal Newsroom Staff

By Katten Muchin Rosenman LLP On June 26, 2015, the US Supreme Court ruled that a state ban on same sex marriage is unconstitutional, in violation of the equal protection clause of the Fourteenth Amendment. The landmark ruling in the combined cases... Read More

Williams Mullen: Retirement Plan Plaintiffs Were Not Required To Exhaust Administrative Remedies Before Filing Their Class Action
Posted on 26 Feb 2013 by Williams Mullen

The Second Circuit has held that a putative class of ERISA plaintiffs was not required to exhaust a plan's administrative remedies prior to filing claims for a redetermination of future retirement benefits and alleged irregularities in plan amendments... Read More