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13 Feb 2014, 1:48 pm
My most recent blog post, titled No Sex, No Elective Share?, discussed a recent case involving allegations of constructive abandonment as a basis for disqualifying a surviving spouse from receiving an elective share. In that post, I also discussed, briefly, actual abandonment as a basis for disqualification. Unlike constructive abandonment, actual abandonment requires proof that the surviving spouse lived apart from the decedent, without consent. In early January, the Appellate Division,… [read post]
31 Jan 2014, 7:52 am
A recent decision emanating from the Surrogate’s Court, Kings County, Matter of Nichols, N.Y.L.J., Nov. 15, 2013, p.40, addresses the rarely litigated issue of constructive abandonment (i.e., a spouse’s unjustified refusal to engage in sexual relations) as a basis for disqualifying a surviving spouse from receiving an elective share. This case teaches that a claim of constructive abandonment must be supported by more than hearsay testimony in the record that the… [read post]
8 Jan 2020, 6:39 am
“The attorney client privilege, the oldest among common-law evidentiary privileges, fosters the open dialogue between lawyer and client that is deemed essential to effective representation” (Spectrum Sys. Intern. Corp. v Chem. Bank, 78 NY2d 371, 377 [1991] [quotation marks and citations omitted]). While an otherwise privileged communication can lose the protections of the privilege by reason of waiver, either intentionally or inadvertently, two principles complicate application of the… [read post]
4 Aug 2010, 2:46 pm
Regards, Eric Penzer. [read post]
23 Jun 2016, 7:24 am
A recent decision of the Kings County Surrogate’s Court[1] demonstrates the importance of thoroughly analyzing all aspects of a statute of limitations defense prior to making a dismissal motion. In Matter of Coiro, 5/6/2016 NYLJ p.23, col. 2, the court denied such a motion, determining that an SCPA § 2104 turnover proceeding was timely. Notably, the parties disputed both the applicable limitations period and the date of the claim’s accrual. Side-stepping both… [read post]
23 Jun 2016, 7:24 am
A recent decision of the Kings County Surrogate’s Court[1] demonstrates the importance of thoroughly analyzing all aspects of a statute of limitations defense prior to making a dismissal motion. In Matter of Coiro, 5/6/2016 NYLJ p.23, col. 2, the court denied such a motion, determining that an SCPA § 2104 turnover proceeding was timely. Notably, the parties disputed both the applicable limitations period and the date of the claim’s accrual. Side-stepping both… [read post]
8 Aug 2014, 6:11 am
In a decision that could well cause even the most casual trusts and estates practitioners to scratch their proverbial heads in wonder, the Appellate Division, Third Department, in Matter of Buchting, 111 AD3d 1114, 975 NYS2d 794 (3d Dept 2013), recently affirmed the determination of the Surrogate’s Court, Greene County, dismissing a “due execution” objection to probate, notwithstanding that both attesting witnesses invoked their Fifth Amendment rights against self-incrimination and… [read post]
12 Feb 2009, 4:26 pm
Executor Granted Advance Payment Of Commissions Despite Prohibition In Will - Uniondale attorney Eric [read post]
29 Jul 2010, 4:41 pm
's Purported Transfer of Residence To Wife Fails For Non-Delivery of Deed - Uniondale attorney Eric [read post]
19 Apr 2011, 5:00 pm
;Defense Review Same-Sex Marriages and the Marriage Recognition Rule - Uniondale attorney Eric [read post]
31 Jan 2014, 5:31 pm
– Uniondale attorney Eric Penzer of Farrell Fritz on the firm’s New York Trusts & Estates [read post]
25 Apr 2022, 8:45 am
My colleagues Eric W. Penzer and Spencer L. Reames also discuss abandonment in prior posts. [read post]
27 Nov 2017, 3:26 am
According to Eric W. [read post]
11 Aug 2014, 3:32 am
Disclosure: My Farrell Fritz colleagues Eric Penzer and Aaron Zerykier represented the defendants in& [read post]
9 Aug 2021, 3:58 am
I asked my partner Eric Penzer, who concentrates in trusts and estates litigation, for his perspective [read post]
16 Mar 2009, 5:00 am
nbsp; (Please visit the New York Trusts & Estate Litigation blog, where my partner, Eric [read post]
