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6 Oct 2017, 7:23 am
The fiduciary who thinks a receipt and release is the answer to all future claims for an accounting and liability may have a surprise in store. Over the past several months, Surrogates have explored the issue of receipts and releases, and have provided insight into just how far they will go to “save the day.” The decision in Matter of Ingraham, NYLJ, June 16, 2017, at p. 28 (Sur. Ct., New York County) is a case in point. Before the Surrogate’s Court, New York County, was a… [read post]
6 Oct 2017, 7:23 am
The fiduciary who thinks a receipt and release is the answer to all future claims for an accounting and liability may have a surprise in store. Over the past several months, Surrogates have explored the issue of receipts and releases, and have provided insight into just how far they will go to “save the day.” The decision in Matter of Ingraham, NYLJ, June 16, 2017, at p. 28 (Sur. Ct., New York County) is a case in point. Before the Surrogate’s Court, New York County, was a… [read post]
20 Jan 2017, 7:58 am
Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies surrounding the agent’s authority over the trust and its terms. Pursuant to the provisions of Uniform Trust Code §602(c), a settlor’s agent acting under a power of attorney can revoke or amend a revocable trust, when authorized by the terms of the trust or… [read post]
20 Jan 2017, 7:58 am
Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies surrounding the agent’s authority over the trust and its terms. Pursuant to the provisions of Uniform Trust Code §602(c), a settlor’s agent acting under a power of attorney can revoke or amend a revocable trust, when authorized by the terms of the trust or… [read post]
23 Jan 2019, 6:15 am
Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right of election. The elective share statute is intended to provide a decedent’s surviving spouse with a requisite minimum amount of his/her estate. While a surviving spouse may be disqualified from an elective share under any one of the circumstances enumerated in EPTL 5-1.2, the Surrogate’s and Appellate Courts have crafted a further ground for forfeiture when equity… [read post]
23 Nov 2009, 12:41 am
" Trusts and Estates Update Monday, November 23, 2009 By Ilene Sherwyn Cooper " Ilene Sherwyn [read post]
13 May 2022, 6:36 am
The recent opinion by the Appellate Division, Third Department, in In re Strom Irrevocable Trust III, 2022 NY Slip Op 01356, provides a cautionary tale to estate litigators who conduct SCPA 1404 examinations in the face of a trust instrument’s in terrorem clause. While in terrorem clauses are strictly construed, the Appellate Division found that the subject clause had been triggered as a result of conduct engaged in by the respondent during the course of a probate proceeding regarding the… [read post]
13 Jul 2009, 12:53 am
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Trusts and Estates Update
Monday, July 13, 2009
By Ilene Sherwyn Cooper [read post]
19 Mar 2009, 11:46 am
discussion of the foregoing decisions, refer to the New York Law Journal, Trusts and Estates Update, by Ilene [read post]
28 Jan 2009, 11:45 am
discussion of the foregoing decisions, refer to the New York Law Journal, Trusts and Estates Update, by Ilene [read post]
24 Jan 2017, 4:30 am
Address, “Ombuds Compendium – A Look Back, where we are now, and a look forward,” Ilene [read post]
22 May 2007, 6:24 am
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Trusts and Estates UpdateThursday, May 17, 2007By Ilene Sherwyn Cooper" [read post]
10 Aug 2009, 7:28 am
beneficiary holds a life estate in the premises or simply a right of occupancy or other lesser interest (see Ilene [read post]
18 Dec 2011, 9:11 pm
A beautiful set of examples of cross-examining the cooperating witness comes from the New York State [read post]
30 Jan 2007, 5:12 am
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Trusts and Estates UpdateThursday, January 25, 2007By Ilene Sherwyn CooperIlene Sherwyn [read post]
23 Oct 2009, 6:11 am
” This hearing featured testimony from Ilene Knable Gotts, Esq., Chair of the American Bar [read post]
