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...
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...
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
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
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.
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...