September 13, 2010 | New York Law Journal
Summer Happenings: Impact on Practice of LawIn her Trusts and Estates Update, Ilene Sherwyn Cooper, a partner at Farrell Fritz, reviews recent decisions of interest involving sanctions for failure to comply with court orders and discovery deadlines, disqualification, recusal, and an in terrorem clause and the right to depose the attorney-draftsman of a prior instrument and the nominated successor executor prior to filing objections.
By Ilene Sherwyn Cooper
10 minute read
March 23, 2009 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, writes: Trusts and estates played an important role in the appellate roster this past year, and continues to do so as we move through 2009. Indeed, a multitude of opinions were rendered at the appellate level addressed to this area, concerning such significant issues as fiduciary duty, gifts, sanctions, statute of limitations, and the validity and construction of wills.
By Ilene Sherwyn Cooper
13 minute read
January 18, 2006 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, partner at Farrell Fritz, reviews recent significant Surrogate's Court decisions on such issues as disqualification of counsel, revocation of letters, recovery of assets and the attorney-client privilege, and the pending Family Health Care Decisions Act, which would allow those close to an incapacitated patient to make decisions about treatment even without a health care proxy or specific oral or written instructions.
By Ilene Sherwyn Cooper
9 minute read
November 17, 2004 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, writes that while some estates involve memorable clients, complex problems or issues of first impression, few provide that rare combination of intrigue, novelty and complexity. In fact, in the last year and a half, only one comes to mind: The Estate of Generosa Ammon.
By Ilene Sherwyn Cooper
12 minute read
February 14, 2011 | New York Law Journal
Notable Decisions On Probate of WillsIn her Trusts & Estates Update, Ilene Sherwyn Cooper, apartner atFarrell Fritz, writes that the close of 2010 was marked by several notable decisions regarding the validity of wills and the circumstances under which a probate decree will be vacated.
By Ilene Sherwyn Cooper
14 minute read
November 19, 2007 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner at Farrell Fritz, writes that this past year has marked surrogate's court decisions and legislation of significant interest to the field of trusts and estates. From will construction proceedings, accounting proceedings, and the attorney-client privilege, to legislation affecting attorney-fiduciaries and pre-objection discovery, both the judiciary and the Legislature have been prolific. The appellate division has been no less productive in rendering decisions of import.
By Ilene Sherwyn Cooper
11 minute read
July 12, 2006 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, reviews significant decisions rendered over the past six months, including one holding that the beneficiaries of the decedent's estate could waive the disclosure requirements of SCPA 2307-a in order to give the attorney-fiduciary full commissions, and two addressing the impact of an in terrorem clause upon a beneficiary's right to seek judicial relief.
By Ilene Sherwyn Cooper
11 minute read
May 11, 2009 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz, writes that 2009 opened with opinions from the Appellate, Supreme and Surrogates' Courts that addressed rarely before seen issues affecting the field of trusts and estates. From biotechnology to costs for outgoing counsel and matters impacting the probate of wills, the year 2009 portends to be anything but dull, she assures us.
By Ilene Sherwyn Cooper
13 minute read
March 10, 2005 | New York Law Journal
Trusts and Estates UpdateIlene Sherwyn Cooper, a partner with Farrell Fritz in Uniondale, N.Y., writes that, with opinions addressed to such topics as DNA testing, privity and same-sex marriages, the year 2005 promises to be an eye-opener.
By Ilene Sherwyn Cooper
9 minute read
July 30, 2002 | New York Law Journal
Trusts and Estates UpdateA S WE ENTER mid-2002 and the summer months, one has cause to ponder the diversity of topics and issues covered in this column and the columns of my colleagues in the Trusts and Estates Bar over the past six months from attorney`s fees, to statutes of limitation, to opinions of the appellate divisions, statewide, to pending legislation and to suggested legislative reforms in areas addressed to attorney-fiduciaries, paternity testing and joint bank accounts. Decisions rendered in the area of trusts and estat
By Ilene Sherwyn Cooper
12 minute read