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1 Nov 2007, 2:55 pm
The Norfolk paper says here that Frank J. Santoro is the new bankruptcy judge of the E.D. [read post]
19 May 2014, 9:05 am
Fullerton III and Jason Kaufman In its recent decision in Santoro v. [read post]
19 May 2014, 9:05 am
Fullerton III and Jason Kaufman In its recent decision in Santoro v. [read post]
28 Mar 2014, 8:07 am
Sometimes language contained in wills and trusts can be misleading to the lay person. For example, while they are good for a chuckle, provisions in wills that unequivocally and forcefully direct the executor to hire a certain lawyer in connection with the testator’s estate’s administration are unenforceable. Who would believe that such will provisions usually direct that the executor hire the lawyer who drafted the will? As my colleagues explain, “exoneration… [read post]
22 Nov 2016, 10:06 am
Having examined countless witnesses in probate and other contested Surrogate’s Court proceedings, many of us have grown accustomed to learning that critical documents were destroyed by a “flood.” That flood, almost invariably, occurred “in the basement.” The flood narrative is met with the usual inquiry into the cause of the flood, the property destroyed in the flood, the insurance claim made in the wake of the flood, the whereabouts of the… [read post]
18 Jan 2022, 7:00 am
Following up on the question posed in a post from a few years ago: when clients ask whether they can “sue for legal fees,” the courts continue to reiterate that the answer is almost always no; that the American Rule still controls. Recent decisions in the contexts of trusts and estates litigation and guardianship litigation speak to fee shifting and exceptions to the American Rule. Article 81 Guardianship Proceeding In Matter of Milton R., the Appellate Division, Second… [read post]
24 Jan 2022, 7:00 am
The COVID-19 pandemic has forced litigants to wrestle with the dilemma of waiting for a jury trial or moving forward more expeditiously by way of a bench trial. Recently, the Appellate Division, Fourth Department, and the Court of Appeals passed on the issue of undue influence arising out of a Surrogate’s Court bench trial. In Matter of Kotsones, following a non-jury trial, the Surrogate’s Court denied a decedent’s will probate, and granted a petition to invalidate the… [read post]
2 Jun 2014, 7:00 am
The Fourth Circuit found this week that the Dodd-Frank Act did not override all arbitration agreements [read post]
28 Apr 2017, 7:00 am
thatIn some will contests, lawyers will speculate that the decedent may have misled people as to his true estate plan, either out of weakness, to keep the peace, to measure reactions, to avoid uncomfortable conversations, and perhaps, sadly, intending to cause pain and disappointment. When this happens, it may be easier, for example, for a son to believe that his sister was responsible for subverting their mother’s wishes than to even approach the idea that his mother was not being… [read post]
28 Apr 2017, 7:00 am
In some will contests, lawyers will speculate that the decedent may have misled people as to his true estate plan, either out of weakness, to keep the peace, to measure reactions, to avoid uncomfortable conversations, and perhaps, sadly, intending to cause pain and disappointment. When this happens, it may be easier, for example, for a son to believe that his sister was responsible for subverting their mother’s wishes than to even approach the idea that his mother was not being… [read post]
5 Jan 2017, 10:11 am
Very often, when the proponent of a will (and sometimes even the attorney-draftsperson or witness) is questioned about the decedent’s mental state and the decedent’s instructions, the reflexive response is that the decedent was “as sharp as a tack” and was “as clear as a bell.” But making a will is not “splitting the atom.” In fact, testamentary capacity has been described recently by the New York County Surrogate’s Court as… [read post]
21 Oct 2008, 12:00 pm
Pro; Nunzio Provenzano, also known as Nunzi Pro; Anthony Corallo, also known as Tony Ducks; Salvatore Santoro [read post]
29 May 2015, 10:11 am
Justin Kelsey, principal of Skylark Law & Mediation PC, was recently profiled by LexisNexis’ Frank [read post]
16 Sep 2022, 6:30 am
Additional Amendments to Form PF Posted by Jessica Forbes, Philip Heimowitz, and Mark Highman, Fried, Frank [read post]
15 Jan 2021, 5:58 am
Things Stand at the End of 2020 Posted by Gail Weinstein, Steven Epstein, and Warren S. de Wied, Fried, Frank [read post]
11 Jun 2021, 6:08 am
SPAC Board Structures are a “Conflict-Laden” Invitation to Fiduciary Misconduct Posted by Frank [read post]
11 Feb 2025, 12:57 pm
Watch video featuring interviews with Frank Rosenthal, the true Sam Rothstein, portrayed by Robert De [read post]
11 Feb 2025, 12:56 pm
Watch video featuring interviews with Frank Rosenthal, the true Sam Rothstein, portrayed by Robert De [read post]
10 Feb 2025, 1:14 pm
Watch video featuring interviews with Frank Rosenthal, the true Sam Rothstein, portrayed by Robert De [read post]
10 Feb 2025, 1:14 pm
Watch video featuring interviews with Frank Rosenthal, the true Sam Rothstein, portrayed by Robert De [read post]
