Monthly Archives: May 2019

An Interview with an Estate Litigation Attorney (Part 2)

Q. What skills should an Estate Litigation Attorney possess?A. An estate litigation attorney is required to know the law in several critical areas. First, it is mandatory that the attorney fully understand the law pertaining to the making of a valid will or trust, as that is often the heart of the contest. An estate [...]

By |2019-06-11T16:06:22-04:00May 29th, 2019|Categories: TRK Blog|0 Comments

Hard Promises- Multi Court Cases for Tom Petty

In 1981, Tom Petty and the Heartbreakers released the album Hard Promises, containing the single: The Waiting. In it, Tom sings, “oh baby don’t it feel like heaven right now? Don’t it feel like something from a dream? Yeah, I’ve never known nothing quite like this”. Tom’s lyrics uncannily describe an opposite reality of the [...]

By |2019-06-11T16:06:49-04:00May 29th, 2019|Categories: TRK Blog|0 Comments

The Supreme Court, Appellate Division, Third Department, issued its decision today affirming the lower court’s decision granting a preliminary injunction to various property owners who are challenging the imposition of fines for short term rentals. The property owners are represented by Tabner, Ryan & Keniry, LLP ( William F. Ryan, Jr. and Brian M. Quinn [...]

By |2019-06-11T16:07:40-04:00May 16th, 2019|Categories: Uncategorized|0 Comments

Excluding a Parent From Sharing In A Child’s Estate

Excluding A Parent From Sharing In A Child's Estate- Back Again! In our first writing on this subject we committed to following Matter of Martirano, 2019 NY App Div LEXIS 3716 (3d Dept 2019), if it made its way to the Appellate Division. In a nine page Memorandum and Order dated May 9, 2019, the [...]

By |2019-06-11T16:07:07-04:00May 16th, 2019|Categories: TRK Blog|0 Comments

Summary Judgment in a Contested Accounting Proceeding

Summary Judgment in a Contested Accounting Proceeding- Disposing of Meritless Objections Courts often use the term “punctilio of honor” to describe the high level of care and attention required of a fiduciary. The fiduciary must always act cautiously and carefully. But even the most careful fiduciary may still encounter an objection to her actions. There [...]

By |2019-06-11T16:07:15-04:00May 16th, 2019|Categories: TRK Blog|0 Comments

Renunciation Of An Inheritance Part 1

Most people welcome receiving an inheritance, but there are times when an inheritance causes problems for the beneficiary. Some beneficiaries want to avoid receiving their inheritance for tax purposes, while others may want to avoid paying a creditor. “Motives or reasons for the renunciation have no bearing on this statutory right, as long as no [...]

By |2019-06-11T16:07:21-04:00May 3rd, 2019|Categories: TRK Blog|0 Comments

Renunciation Of An Inheritance Part 2

What happens when a person renounces a bequest? Filing a renunciation has the same effect with respect to the renounced interest as though the renouncing person had predeceased the testator unless a provision relating to a possible renunciation is included in the will. In other words, if you decide to renounce your bequest, you will [...]

By |2019-06-11T14:20:00-04:00May 3rd, 2019|Categories: TRK Blog|0 Comments

Renunciation Of An Inheritance Part 3

Unintended Consequences of Renunciation One issue to note is that renunciation can negatively impact a distributee’s eligibility for Medicaid benefits or other public assistance. In assessing need and eligibility, the Department of Social Services will consider any financial asset or resource the applicant may immediately or potentially have available. Courts have held that a recipient [...]

By |2019-06-11T16:07:31-04:00May 3rd, 2019|Categories: TRK Blog|0 Comments

How the “Sole Benefit” Rule Frustrates Supplemental Needs Trusts

How the "Sole Benefit" Rule Frustrates Supplemental Needs Trusts Floyd Brown was charged with murder in 1993. Found incompetent to stand trial, he was sentenced to a psychiatric institution. In 2007, after fourteen years of confinement, he was exonerated. The appellate judge held that the lone piece of evidence, an elaborate six-page confession, was entirely [...]

By |2019-06-11T16:08:01-04:00May 3rd, 2019|Categories: TRK Blog|0 Comments