Estate and Elder Law

Recent Posts

Estate Failed to Prove Museum’s Laches on Claim to a 3,000 Year Old Archeological Artifact Missing Since WWII
Posted on 6 Jan 2014 by LexisNexis Legal Newsroom Staff

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

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

The Digital Age of Estate Planning
Posted on 29 Jul 2015 by LexisNexis Legal Newsroom Staff

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

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

A Matter of Convenience: From Bank Accounts to Real Property
Posted on 11 Jun 2015 by John G. Farinacci

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

Columnist in one of New York's Poorest Counties Sees the Estate Tax as a "Major Issue"
Posted on 27 Mar 2012 by David A. Shulman

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

Jennifer F. Hillman: Inheritance Rights of Posthumously Conceived Children in New York State
Posted on 10 Jul 2014 by Jennifer Hillman

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

Making Your Mark: Using a Fingerprint When a Testator Cannot Sign the Will
Posted on 6 Feb 2014 by Jennifer Hillman

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

Must A Living Person Disclose Their Estate Plan: The Limits of NY CPLR § 4503
Posted on 6 Jan 2014 by Jennifer Hillman

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

John G. Farinacci: Abandonment Cases in Surrogate’s Court Present Difficult Factual Issues
Posted on 18 Feb 2014 by John G. Farinacci

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

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

Recent Changes to New York's Estate Tax Laws
Posted on 17 Jun 2014 by David R. Schoenhaar

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