In a significant decision this
summer, Schneider v. Finmann , 15 N.Y.3d 306, 907 N.Y.S.2d 119, 933
N.E.2d 718 (2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ],
the New York Court of Appeals loosened the privity requirements in...
By John G. Farinacci, Esq.
It has long been
the rule in New York
that the personal representative of an estate could not maintain an action
against a decedent's estate planning attorney for legal malpractice because
there was no privity between the estate fiduciary and the attorney. Deeb v...
Case Comment: Treading on Sacred
Ground: Denying the Appointment of a Testator's Nominated Personal
Representative - Schleider v. Estate of Schleider, 770
So. 2d 1252 (Fla. 4th DCA 2000) [ Schleider's enhanced version available to lexis.com subscribers ]
By Lauren A. Kirkpatrick
In Florida Florida Statute 733.301(1)(b)(2) defines how a
minor child can participate in a probate proceeding. Minor children are
not able to participate directly, but can do so through a court
appointed guardian over their property. In a recent Florida case
out of the 2nd District of Florida...
Recently, a personal representative client of ours reached yet
another exasperating obstacle in an already long and drawn out process.
To begin with, the estate was comprised of several small life insurance
accounts, each of which required a great deal of time, effort and
paperwork to surrender...
The recent Pennsylvania District Court case of U.S. v. David A. Tyler and Louis J. Ruch [ enhanced version available to lexis.com subscribers ] is designed reminds estate executors ( Florida Personal Representatives ) that if they fail to do their job right, they can incur personal liability for the...
In the case of Bowdoin v. Rinnier, 81 So. 3d 582 (Fla. 2d DCA 2012) [ enhanced version available to lexis.com subscribers ] the Decedent died intestate, leaving her husband, and a minor child as her sole heirs. Decedent's mother, filed a petition for administration seeking her appointment as personal...