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Business Succession Agreements

It is important for businesses to plan ahead.  It is especially true to plan for those events that are foreseeable.  Whether we want to admit it or not, there will come a time when we will no longer be able to continue working.  It is also true of business owners. But what happens to the [...]

By |2019-10-17T09:26:42-04:00October 17th, 2019|Categories: TRK Blog|0 Comments

Does AIP Have to Cooperate During Article 81 Proceeding?

Can the alleged incapacitated person (AIP) refuse to comply with information requests from the court evaluator or the other parties during a guardianship proceeding? This issue arose in Matter of Aida C. 44 AD3d 110 (4th Dept 2007), where the AIP asserted that her liberty interest was at stake and she therefore could not be compelled to [...]

By |2019-10-17T09:16:22-04:00October 17th, 2019|Categories: TRK Blog|0 Comments

Disinheritance Problem- Solved

Intentions to disinherit in connection with the making of wills are not uncommon.  Disinheritance circumstances give rise to acrimony and much litigation.  In many cases, children and family members often find themselves dealing with these circumstances. Clients planning their estates often are confounded with how to deal with a formed intention to cut someone out [...]

By |2019-08-27T09:32:12-04:00August 26th, 2019|Categories: TRK Blog|Tags: , , , |0 Comments

Defending Against a Guardianship Petition

In a proceeding under Mental Hygiene Law Article 81, the alleged incapacitated person (“AIP”) is served with a petition alleging that she is incapacitated and requires a guardian. If the AIP disputes the allegations and objects to the guardianship, she should exercise her right to engage legal counsel to defend (see MHL § 81.10). At [...]

By |2019-08-27T09:32:41-04:00August 13th, 2019|Categories: TRK Blog|Tags: |0 Comments

Summary Judgment Accounting Proceeding- Part II

As explained in our prior post from May, the high standard imposed on a fiduciary creates a low burden for a party to contest the fiduciary’s accounting. Thankfully, the fiduciary may move for summary judgment to dismiss objections that ultimately turn out to be meritless. But what happens when the opposing party questions the reasonableness [...]

By |2019-08-26T18:22:00-04:00July 15th, 2019|Categories: TRK Blog|0 Comments

Estate Litigation Post Divorce

Many trust, estate and probate litigation cases in New York are engendered by divorce. The great wealth transfer (https://blog.trklaw.com/the-great-wealth-transfer/) presumably will grow the trend of estate related disputes arising from circumstances of divorce. There are many reasons why the dissolution of a marital relationship can cause estate litigation. Wealth and emotion often are the primary [...]

By |2019-08-26T18:24:31-04:00June 10th, 2019|Categories: TRK Blog|0 Comments

Inheritance by Non-Marital Children

I recently read an article on People.com about a poor young man who became “Lord of the Manor” after DNA proved he was the heir of a wealthy British aristocrat (https://people.com/human-interest/care-worker-inherits-60-million-english-estate-dna-test/). This got me wondering what happens in New York when a non-marital child shows up after the parent is deceased and demands his inheritance. [...]

By |2019-08-26T18:27:09-04:00June 10th, 2019|Categories: TRK Blog|0 Comments

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 |2019-08-26T18:28:56-04:00May 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 |2019-08-26T18:31:34-04:00May 29th, 2019|Categories: TRK Blog|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 |2019-08-26T18:33:27-04:00May 16th, 2019|Categories: TRK Blog|0 Comments