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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]