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22 Nov 2013, 12:22 pm
In probate proceedings involving the issue of testamentary capacity, parties frequently present testimony at trial from an expert psychiatrist. It is often the case that that psychiatrist never saw or treated the testator, and develops his or her expert opinion solely by reviewing various documents, including the testator’s medical records. This expert psychiatric testimony is admissible, but courts have routinely and consistently held that it is afforded very little weight,… [read post]
31 Mar 2017, 7:18 am
A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that, any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof except that one whose only financial interest would be in the commission to which he would have been entitled if his appointed as fiduciary were not revoked by a later… [read post]
31 Mar 2017, 7:18 am
A person’s standing to interpose objections to probate is governed by SCPA §1410, which provides that, any person whose interest in property or in the estate of the testator would be adversely affected by the admission of the will to probate may file objections to the probate of the will or of any portion thereof except that one whose only financial interest would be in the commission to which he would have been entitled if his appointed as fiduciary were not revoked by a later… [read post]
16 Oct 2019, 6:59 am
SCPA § 1404 requires that “at least two attesting witnesses must be produced before the court and examined before a written will is admitted to probate.” Very often, litigators think of examinations pursuant to SCPA § 1404 as examinations before trial that are conducted under Article 31 of the CPLR. This is understandable given that the statute itself makes numerous references to CPLR article 31. For example, SCPA § 1404(2) provides that the Surrogate’s Court may… [read post]
16 Apr 2020, 6:00 am
All too often co-fiduciaries do not see eye to eye in the administration of an estate or trust. They can usually work through their disagreements, but when they cannot, and their arguing and finger pointing have reached a level where their administration reaches a stand-still, one fiduciary might seek to remove his co-executor or co-trustee. The grounds for removal are specifically enumerated in SCPA § 711, and they include the following: (1) at the time or after letters were issued, the… [read post]
30 Mar 2015, 7:06 am
In a March 6, 2015 decision in Levien v Johnson, NYLJ 1202721296511, at *1 (Sur Ct, New York County), the New York County Surrogate’s Court enjoined the trustees of a testamentary trust from proceeding in Texas to challenge the adoptions of two adults, Parvin Johnson, Jr. and Kenneth Ives, by the grandsons of the Decedent, Arnold Levien. As the great-grandsons of the Decedent, Messrs. Johnson and Ives would be members of the class of remainder beneficiaries of the trust entitled to… [read post]
19 Feb 2015, 6:40 am
On October 28, 2014, the Court of Appeals rendered its long awaited decision in In re Lawrence, 2014 NY Slip Op 07291, reversing the decision by the Appellate Division in which it was held that (1) a revised retainer agreement, under which the law firm received 40% of the net recovery (i.e. $44 million) was procedurally and substantively unconscionable and that fees should be determined under the original retainer; and (2) the claim to recover gifts made by the client to her attorneys… [read post]
29 Sep 2016, 7:16 am
In two recent decisions, Surrogate Lopez Torres of Kings County denied petitions for guardianship under SCPA Article 17-A, demonstrating the strict circumstances under which guardians are appointed under this particular statute. SCPA §1750-a applies to persons who are intellectually disabled (as that term has generally been substituted for the archaic term “mental retardation” which appears in the statute) and are permanently or indefinitely incapable of managing his or her… [read post]
30 May 2014, 8:01 am
Two recent decisions from the New York County Surrogate’s Court attempt to answer this question. In Estate of Weisberg, decided on April 8, 2014, the court addressed the issue of marriage. Faced with competing petitions for letters of administration, the court was asked to find as a matter of law, that the cross-petitioner was the decedent’s wife and sole distributee of the decedent’s estate. In Levien v Johnson, 2014 NY Slip Op 30995(U), decided on April 14, 2014, the… [read post]
30 May 2014, 5:30 pm
That is the Question – New York attorney Hillary Frommer of Farrell Fritz on the firm’s New [read post]
