By John G. Farinacci, Esq. In a rather unique ceremony at the Nassau County Surrogate’s Court on December 4, 2013, Surrogate Edward W. McCarty, III ordered and presided over the physical return of an ancient Assyrian artifact from the possession... Read More
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
By Linda B. Hirschson and Shifra Herzberg The proliferation of technology has moved communication, banking, networking, games, photos and music to the digital arena. In this Emerging Issues Analysis, Linda B. Hirschson, a shareholder in Greenberg Traurig's... Read More
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
By John G. Farinacci Estate litigators see a wide variety of disputed issues since the affairs of decedents are as diverse as the types of people they were during their lives. However, we also see many of the same or similar fact patterns. One of these... Read More
Hi Y'all. I'm back. Sorry for the big break in posting. I'll try to do better. In this election year, I haven't heard that much talk about the estate tax - or as the Republicans like to call it, the "Death Tax." As I've... Read More
By: Jennifer F. Hillman, Esq. Medical technology continues to advance at a rapid pace. Since the first “test tube” baby was born on July 25, 1978, the field of artificial reproduction has blossomed. According to the United Stated Department... Read More
By Jennifer F. Hillman, Esq. We have all seen the movies where an illiterate individual signs an important document with an “X”. Even literate clients may have difficulty signing a document due to a severe physical impairment. Compliance... Read More
By Jennifer F. Hillman, Esq. Most communications between an attorney and client are privileged pursuant to New York Civil Procedure Act (“CPLR”) § 4503. There is, however, a carve-out in proceedings concerning the probate, validity... Read More
By John G. Farinacci Naturally, abandonment and failure to meet support obligations are two grounds upon which an otherwise lawful heir can be disqualified from inheriting in New York as in most other jurisdictions. EPTL 5-1.2. Failure to support is... Read More
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
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
By David R. Schoenhaar, Esq.* Effective April 1, 2014, as part of the implementation of the 2014-2015 budget, the legislature and Governor Cuomo made significant changes to New York’s estate and trust income tax laws. According to Governor Cuomo... Read More