Ilene Sherwyn Cooper

May 17, 2006 | New York Law Journal

Ilene Sherwyn Cooper, a partner with Farrell Fritz, reviews recent Surrogate Court cases that arose over real estate issues, including a contested sale of the decedent's real property, a determination of title which had been in decedent's name at the time of her death, and a construction of a trust sought by the deceased grantor's son that would provide a right of occupancy to the surviving spouse rather than a life estate.

By Ilene Sherwyn Cooper

9 minute read

July 13, 2009 | New York Law Journal

Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes: While the spring and summer months have seen a multitude of decisions from the Surrogate's Courts relevant to trusts and estates, the Supreme and Appellate courts have also rendered opinions of interest to practitioners in the field. This month's article will examine those opinions addressed to such issues as the attorney-client relationship, discovery, and settlement agreements.

By Ilene Sherwyn Cooper

13 minute read

March 22, 2007 | New York Law Journal

Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes that both the Surrogate's Court and the Supreme Court were busy providing instructive guideposts for the estate practitioner this past winter, with opinions relating to the elective share, stipulations of settlement, tenancies by the entirety, jurisdiction, and service of process. In addition, the New York State Bar Association recently approved five pieces of legislation proposed by the Trusts and Estates Section.

By Ilene Sherwyn Cooper

12 minute read

May 19, 2008 | New York Law Journal

Ilene Sherwyn Cooper, a partner at Farrell Fritz PC, reviews recent Surrogate's Court and appellate opinions on powers of attorney, exoneration clauses, and accountability that provide cautionary instruction to fiduciaries in the fulfillment of their role, along with recent decisions warning counsel in regard to their ethical duties and sanctions, designed to curb abuses in the practice of law.

By Ilene Sherwyn Cooper

12 minute read

May 17, 2007 | New York Law Journal

Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes that the willingness of surrogates to grant summary judgment in probate proceedings has continued, as reflected in recent opinions, and decisions of interest have been rendered pertaining to the issue of standing in discovery proceedings, and witness-beneficiaries under a propounded will.

By Ilene Sherwyn Cooper

12 minute read

June 13, 2011 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes that undue influence is often the linchpin to the outcome of a matter, and as such, relevant to its strategy. This is most pointedly revealed, she says, by opinions rendered within the past three months in which the issue of undue influence played a primary role in the courts' determinations.

By Ilene Sherwyn Cooper

13 minute read

September 20, 2007 | New York Law Journal

Ilene Sherwyn Cooper, a partner at Farrell Fritz, writes that issues regarding fiduciary removal and/or eligibility continue to be all-too-frequent fodder for litigation, shedding light on the criteria invoked in the decision-making process.

By Ilene Sherwyn Cooper

13 minute read

July 12, 2010 | New York Law Journal

In her Trusts and Estates Update column, Ilene Sherwyn Cooper, a partner with Farrell Fritz, reviews recent decisions of interest involving privity, the allocation of legal fees, evidence of incapacity and res judicata.

By Ilene Sherwyn Cooper

13 minute read

March 09, 2006 | New York Law Journal

Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes that while trusts and estates encompasses a breadth of seemingly self-contained practice groups ranging from estate and gift tax, estate planning, estate administration, and estate litigation, in actuality, issues that affect one subspecialty often implicate concerns common to all practitioners in the field regardless of their area of concentration.

By Ilene Sherwyn Cooper

8 minute read