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Many estate litigators are familiar with the fight for disclosure of personal income tax returns or financial documents. Perhaps you have represented the beneficiary who insists upon the disclosure of a trustee's personal income tax returns because...

By Jennifer F. Hillman Pursuant to New York Surrogate Court Procedure Act ("SCPA") § 711, a fiduciary cannot remove property of an estate from New York without prior approval of the Court. A violation of this duty could lead to suspension...

A recent article in the New York Daily News entitled Man Claiming to Be Son of Dead Brooklyn Priest Loses Battle for Piece of His Estate provided a sensational headline for an interesting scenario involving paternity and inheritance under the New...

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...

Settlement of a wrongful death action can pose a challenge for the decedent's attorney. Wrongful death actions are usually a two-step process. First, the trial court handles the wrongful death action itself, and then the Surrogate's Court, which...

What's fair is fair - or at least that's the concept behind the pro tanto rule wherein a surcharge against a fiduciary is limited to the interest of the objecting party and not the other beneficiaries who stood by and failed to act in their own...

It is well-understood by estate practitioners that a beneficiary of an estate should not serve as an attesting witness to a will. If he does, he or she is a competent witness for purposes of probating the will, however, under EPTL 3-3.2 , the bequest...

In New York, a lifetime trust shall be valid as to any assets that are effectively transferred to the trust. However, a transfer is not accomplished by a simple recital of assignment or a listing of an asset on Schedule A. Matter of Rothwell , 189...

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...

By Jennifer F. Hillman The phrase “tangible personal property” is a term of art frequently utilized by estate practitioners when drafting documents. However, what is, and what is not tangible personal property is not always clear. A recent...

By: Jennifer F. Hillman, Esq. A recent decision out of the New York Appellate Division Second Department broadened the range of powers enumerated to an attorney-in-fact to include the ability to amend a previously executed irrevocable inter vivos...

By Jennifer F. Hillman, Esq. The Rule Against Perpetuities is an often misunderstood rule which strikes panic in the hearts of many law students and practitioners alike. Simply put, the rule limits the ability of owners to control future dispositions...

By Jennifer F. Hillman * Convenience accounts are frequently utilized to assist the elderly or infirm with their financial obligations. The account holder will add an additional person to the account which gives them the ability to write checks...

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...

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...