Search for: "Ilene Cooper"
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6 Aug 2012, 12:37 pm
Ilene S. Cooper (Partner at the law firm of Farrell Fritz, P.C.) and Robert M. [read post]
7 Oct 2010, 4:00 am
Ilene S. Cooper and Robert M. [read post]
3 Nov 2006, 3:34 pm
Ilene Sherwyn Cooper has recently published her article Posthumous Paternity Testing: A Proposal to Amend [read post]
19 Nov 2007, 12:17 am
// www.nylj.com
Trusts and Estates Update
Monday, November 19, 2007
By Ilene [read post]
26 Sep 2018, 8:25 am
late-August 2018, Governor Cuomo signed into law amendments to EPTL § 11-1.7, which my colleague, Ilene [read post]
8 Sep 2016, 9:10 am
On August 19, 2016, Governor Cuomo signed into law an amendment to CPLR §4503(b) which creates another exception to the attorney-client privilege in the case of revocable trusts. The first such exception, initially enacted pursuant to the provisions of CPA 354 (the predecessor to CPLR §4503[b]), provides that the privilege will not apply “in any action involving the probate, validity or construction of a will” (see CPLR §4503[b]). The 2016… [read post]
24 Mar 2008, 1:09 am
Trusts and Estates UpdateMonday, March 24, 2008By Ilene Sherwyn Cooper" Ilene Sherwyn [read post]
14 Jan 2008, 12:07 am
Trusts and Estates UpdateMonday, January 14, 2008By Ilene Sherwyn Cooper" Â [read post]
29 Apr 2020, 8:11 am
Stipulations of settlement often serve as the objective in Surrogate’s Court litigation, ending disputes and the ongoing expense of controversy. Towards that end, stipulations of settlement, while sometimes the subject of 20-20 hindsight by a party, are generally found enforceable. Indeed, the Court of Appeals has recognized that “[s]tipulations of settlement are favored by the courts and not lightly cast aside…Only where there is cause sufficient to invalidate a contract, such as… [read post]
10 Feb 2017, 7:00 am
Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending upon the dispositive terms of the governing instrument, liquidate them for purposes of distribution, the fulfillment of these duties may, at times, result in fiduciary liability. In Matter of Billmyer, 142 AD3d 1000 (2d Dept 2016), the Appellate Division, Second Department, considered this issue, in an appeal from an Order of the Surrogate’s Court,… [read post]
10 Feb 2017, 7:00 am
Although one of the many duties and responsibilities of an executor is to marshal and appraise estate assets, and, depending upon the dispositive terms of the governing instrument, liquidate them for purposes of distribution, the fulfillment of these duties may, at times, result in fiduciary liability. In Matter of Billmyer, 142 AD3d 1000 (2d Dept 2016), the Appellate Division, Second Department, considered this issue, in an appeal from an Order of the Surrogate’s Court,… [read post]
6 May 2022, 7:25 am
While the removal of a fiduciary has long been the subject of Surrogate’s Court opinions, it is not often that the Appellate Division weighs in on the issue. However, in Matter of Epstein, 2022 NY Slip Op 00658 (2d Dep’t 2022), the Second Department did just that. The opinion is an important guidepost for the kind of conduct that warrants a fiduciary’s removal. In Matter of Epstein, the Appellate Division, Second Department, reversed a decree of the Surrogate’s Court,… [read post]
19 Apr 2021, 6:16 am
When thinking of the Surrogate’s Court, jurisdiction over eviction proceedings does not normally come to mind. Yet, over the past 18 months, the Surrogates of New York and Bronx counties have found cause to order an eviction from estate or trust property in order to facilitate its sale. Consider the following: In In re Jenkins, 2020 NYLJ LEXIS 1723, the Surrogate’s Court, Bronx County, was confronted with an application, characterized as the equivalent of a proceeding pursuant to SCPA… [read post]
14 Jul 2016, 10:45 am
In 2010, the Appellate Division, Second Department, made it clear that principles of equity grounded in rules of forfeiture can adversely impact a surviving spouse’s entitlement to an elective share. In Campbell v. Thomas, 73 AD3d 103 (2d Dept 2010), the Appellate Division rendered a decision of first impression when it denied the right of election asserted by the decedent’s surviving spouse based on the equitable principle that a party may not profit from his or her own… [read post]
17 Apr 2019, 4:13 am
One of the most fundamental duties of a fiduciary is the duty of loyalty. That is, every fiduciary must administer the estate or trust subject to his or her stewardship solely in the interests of the beneficiaries. That duty is breached when a fiduciary engages in self- dealing; i.e. places his/her own interests over those of the beneficiaries. Self-dealing can take several forms, not the least of which is when a fiduciary purchases an estate or trust asset, or engages in competition with the estate… [read post]
14 Jul 2016, 10:45 am
In 2010, the Appellate Division, Second Department, made it clear that principles of equity grounded in rules of forfeiture can adversely impact a surviving spouse’s entitlement to an elective share. In Campbell v. Thomas, 73 AD3d 103 (2d Dept 2010), the Appellate Division rendered a decision of first impression when it denied the right of election asserted by the decedent’s surviving spouse based on the equitable principle that a party may not profit from his or her own… [read post]
9 Jun 2017, 12:08 pm
While most decisions rendered by the Surrogate’s Court result from an affirmative request for relief, occasionally the court will address an issue on its own motion when justice or the exercise of its inherent or statutory power requires. One of the better known instances in which the Surrogate’s Court undertook this role was Stortecky v. Mazzone, 85 NY2d 518 (1995), a case that addressed the court’s inherent authority to fix and determine legal fees. This post examines two… [read post]
8 Mar 2010, 12:02 am
" Trusts and Estates UpdateMonday, March 8, 2010By Ilene Sherwyn Cooper "Ilene Sherwyn [read post]
19 May 2008, 1:00 am
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Trusts and Estates UpdateMonday, May 19, 2008By Ilene Sherwyn Cooper" Ilene Sherwyn [read post]
9 Jun 2017, 12:08 pm
While most decisions rendered by the Surrogate’s Court result from an affirmative request for relief, occasionally the court will address an issue on its own motion when justice or the exercise of its inherent or statutory power requires. One of the better known instances in which the Surrogate’s Court undertook this role was Stortecky v. Mazzone, 85 NY2d 518 (1995), a case that addressed the court’s inherent authority to fix and determine legal fees. This post examines two… [read post]
