LexisNexis® Legal Newsroom
Surrogate abuses discretion by denying an administratrix's petition seeking approval of a NY EPTL 7-1.12(a)(5) supplemental needs trust - Matter of Woolworth (N.Y. App. June 2010)

A Surrogate abused his discretion by denying an administratrix's petition seeking approval of a supplemental needs trust (SNT) based on the entire amount of the settlement proceeds she was receiving from a wrongful death action as the proposed SNT complied with EPTL 7-1.12(a)(5) and she was a...

Personal Representative of Yale Student's Estate Files Wrongful Death Lawsuit

It is the PR's job in a Florida Probate case to take actions to gather the assets and distribute them to the beneficiaries. When wrongful death claims are not assets subject to distribution under Florida Probate , it is the personal representative of an estate who pursues a Wrongful Death Claim...

New York Wrongful Death Compromises: Alienation of Infant’s Funds Beyond 18

By Peter K. Kelly In 1971, the 26 th Amendment to the United States Constitution was adopted, which guaranteed that citizens eighteen years or older shall not be denied the right to vote, by the United States or by any state. In 1974, the New York State Legislature enacted 53 bills amending various...

Larson’s Spotlight on Recent Cases: Non-Dependent Spouse Precluded From Death Benefits and Barred From Bringing Death Claim

Larson's Spotlight on Non-Dependent Spouse and Death Benefits, Fraud and Surveillance Video, Tort Action Against Sole Proprietor, and Statute of Limitations for PTSD Claim. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff writer for Larson's...

NY EPTL 5-4.6 and Compromise Orders

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 administers the decedent's estate, must deal...