Estate and Elder Law

Recent Posts

Don't Let Your Case Become A Lunchroom Munchy!
Posted on 16 Aug 2012 by Phil Bernstein

Reviewing the decision of Monroe County Surrogate Edmund A. Calvaruso which awarded the petitioner's attorney $5,955, after the executor appealed, the Fourth Department Appellate Division reduced the original fee to $2,977.50. This decision, in the... Read More

Appellate Court Upholds Objections To Probate In Spite Of Waiver
Posted on 18 Jun 2012 by Phil Bernstein

The Supreme Court's Appellate Division recently upheld New York County Surrogate Nora Anderson's decision in the probate proceeding of Rosalin E. Melnick 942 N.Y.S.2D 45 (A.D. 1Dept 2012) [ enhanced version available to lexis.com subscribers ... Read More

A Stipulation Made in Open Court Will Probably Rust if Left in the Rain
Posted on 31 Jul 2012 by Phil Bernstein

I have never happily allowed a client to enter into a stipulation with provisions which he or she will probably not be able to keep. Also, while I wholeheartedly subscribe to the maxim that "A bad settlement is better than a good lawsuit", I... Read More

Death And Your Emails
Posted on 21 Aug 2012 by Phil Bernstein

An article by Dennis Kennedy in this month's ABA Journal poses some interesting questions about our "digital estate". Keeping in mind that the "e" in email stands for "evidence" and "eternal" , it is a sure... Read More

Holocaust Survivor's Estate Ordered To Return Ancient Gold Artifact To Berlin Museum
Posted on 20 Jun 2012 by Phil Bernstein

Today's [5/31] New York Law Journal has reported that the Appellate Division of the Supreme Court has overturned a ruling by former Nassau County Surrogate John Riordan and has directed that the estate of a Holocaust survivor return an ancient gold... Read More