March 24, 2008 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, writes that the opening days of 2008 have experienced an array of significant issues affecting Surrogate's Court practice. With opinions addressing the construction of wills, the rights of same-sex couples, the inheritance rights of adopted children, and proof of paternity, the year 2008 promises important developments in the field of trusts and estates.
By Ilene Sherwyn Cooper
13 minute read
January 12, 2009 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner at Farrell Fritz, writes: The relationship between counsel and his or her client requires careful consideration of legal and ethical obligations. These past several months have seen decisions addressed to these concerns within the context of both supreme and surrogate's court matters pertaining to attorney malpractice, attorney-fiduciaries, legal fees, and withdrawal of counsel.
By Ilene Sherwyn Cooper
13 minute read
November 10, 2005 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, reviews decisions of interest addressed to the distinction between a life estate and a right of occupancy, the right of a life tenant to sell or otherwise exercise control over real property, and the assertion of privilege over the records of a court-appointed psychologist.
By Ilene Sherwyn Cooper
10 minute read
March 18, 2003 | New York Law Journal
Trusts and Estates UpdateBy Ilene Sherwyn Cooper
11 minute read
March 12, 2002 | New York Law Journal
Trusts and Estates UpdateT he inherent authority of the courts to fix and determine legal fees and regulate the practice of law has long been recognized by judicial precedent, legal commentators and legislative mandate. Within the context of trusts and estates, the issue of legal fees has found its way into hundreds of decisions, statutory provisions of the SCPA and EPTL, Uniform Court Rules and local court rules. Matter of Freeman, 34 N.Y.2d 1 (1974), Matter of Potts, 213 A.D.59, affd., 241 N.Y. 593 (1925), SCPA �2110 and Uniform
By Ilene Sherwyn Cooper
11 minute read
January 19, 2005 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, analyzes several important decisions handed down as 2004, a very eventful year indeed for T&E practitioners, drew to a close.
By Ilene Sherwyn Cooper
8 minute read
November 15, 2006 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, reviews recent opinions addressing significant issues, including the model disclosure form for attorney-fiduciaries, post-nuptial agreements, and depositions of counsel, and recent bills that will have a decisive impact upon children and families, as well as the transfer of securities upon death.
By Ilene Sherwyn Cooper
10 minute read
November 17, 2008 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner at Farrell Fritz, reviews appellate and surrogate's court benches addressing novel issues in the areas of fiduciary stewardship and liability. A review of these opinions, she says, provides guidance, and some cautionary advice, to estate practitioners and their fiduciary clients.
By Ilene Sherwyn Cooper
13 minute read
November 08, 2010 | New York Law Journal
The Errant Fiduciary: Addressing MisconductIn her Trusts and Estates Update, Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes that while most fiduciaries achieve the punctilio of honor, loyalty and good faith in the fulfillment of their stewardship, there are those who breach their trust and find themselves at the other end of litigation and a court order as a result.
By Ilene Sherwyn Cooper
10 minute read
July 14, 2005 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, writes that while the Surrogate's Court possesses the expertise and skill requisite to disposing of matters relative to a decedent's estate, within the past several months both the Supreme Court and Civil Court have considered and given opinions on issues relevant to Surrogate's Court practice.
By Ilene Sherwyn Cooper
8 minute read