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...
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...
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...
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 York...
By: Jennifer Hillman
In the past, I've written about non-economical trusts and the procedure under NY EPTL 7-1.19 whereby a court may terminate a trust if it is economically impracticable for the trust to continue. When the trust is charitable in...
scenario: Under a 1974 will, your uncle
created a testamentary trust directing payments to you of $1200 annually during
your lifetime. When the will was
admitted to probate in 1975, this may have seemed a nice supplement and even a
At this time, there is no New York
statute authorizing "directed trusts" wherein a settlor directs that the
trustee shall act in a certain manner.
Directed trusts or "trust protectors" are increasingly being utilized by