Estate and Elder Law

Recent Posts

New York Court of Appeals Revisits the Law of Gifting of Art or Other Objects
Posted on 23 Apr 2012 by Peter K. Kelly

How does one gift an 1,100 pound sculpture? The New York Court of Appeals recently revisited the law of gifts in the context of determining the validity of such a gift by the deceased sculptor's widow. Mirvish v. Mott , 18 N.Y.3d 510, 2012 N.Y. LEXIS... Read More

New York Court of Appeals Revisits the Law of Gifting of Art or Other Objects
Posted on 23 Apr 2012 by Peter K. Kelly

How does one gift an 1,100 pound sculpture? The New York Court of Appeals recently revisited the law of gifts in the context of determining the validity of such a gift by the deceased sculptor's widow. Mirvish v. Mott , 18 N.Y.3d 510, 2012 N.Y... Read More

Life Imitating Art on the Stage of the Surrogate’s Court
Posted on 8 Aug 2012 by John G. Farinacci

Surrogate's Court litigation can be fascinating at times-as fascinating as the lives of the decedents whose affairs are brought to light during any given estate proceeding. 1 Sometimes history is relived and sometimes the life exposed seems to... 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

The Law of Gifts Revisited
Posted on 10 Jun 2010 by Peter K. Kelly

The law of gifts was set forth in the classic case of Gruen v. Gruen, 68 N.Y.2d 48, 505 N.Y.S.2d 849, 496 N.E.2d 869 (1986) , a case concerning the gifting of a painting by Gustav Klimt, the Austrian modernist. The Court reiterated in Gruen that... Read More