August 09, 2019 | New York Law Journal
Decisions Address Sale of Estate Property, Records Inspection and Will ConstructionIn her Trusts and Estates Update, Ilene Sherwyn Cooper discusses two uncontested matters of interest affecting trusts and estates practice, and a litigated issue addressed to the construction of a will.
By Ilene Sherwyn Cooper
8 minute read
June 07, 2019 | New York Law Journal
Roundup of Decisions by the Four Appellate Division DepartmentsIn her Trusts and Estates Update, Ilene Sherwyn Cooper discusses decisions of interest rendered during the past year by the Appellate Division. The opinions discussed in this month's column should provide valuable instruction to the Surrogate's Court practitioner.
By Ilene Sherwyn Cooper
9 minute read
April 05, 2019 | New York Law Journal
A Little Bit of This and a Little Bit of ThatIn her Trusts and Estates Update, Ilene Sherwyn Cooper analyzes a variety of cases from the past several months. From issues involving domicile, summary judgment, and claims against an estate, her April article is a little bit of this and a little bit of that.
By Ilene Sherwyn Cooper
10 minute read
February 01, 2019 | New York Law Journal
Be Wary How You PleadIn her Trusts and Estates Update, Ilene Sherwyn Cooper writes: While a defective pleading may sometimes be remedied by way of an amendment, courts are not always inclined to grant such relief, and even have gone so far as to dismiss pleadings for failure to state a cause of action.
By Ilene Sherwyn Cooper
8 minute read
December 07, 2018 | New York Law Journal
Discovering the UndiscoveredTrusts and Estates columnist Ilene Sherwyn Cooper writes: When a will has gone missing, or assets cannot be found, the issue usually becomes the subject of a Surrogate's Court proceeding. The past several months have seen decisions addressed to such issues, each of which are instructive to the practitioner.
By Ilene Sherwyn Cooper
6 minute read
October 12, 2018 | New York Law Journal
Highlights and Notable Decisions From Summer 2018In her Trusts & Estates column, Ilene Sherwyn Cooper writes: The summer months have seen decisions as variable as the weather, addressed to claims against an estate, fiduciary bonds, and the statute of limitations. The issues were novel and instructive, and are discussed below.
By Ilene Sherwyn Cooper
9 minute read
August 10, 2018 | New York Law Journal
The Inside Pages: Two Recent Decisions Worth Notinghe past few months have seen the inside pages of the law journal abound with decisions of interest. Indeed, while cover stories surely make their mark, opinions under cover are no less significant, and are worthy of reporting. The decisions in In re Berk and In re Smith are cases in point.
By Ilene Sherwyn Cooper
8 minute read
June 08, 2018 | New York Law Journal
Spring Kick Off: Important Opinions Impacting the Trusts and Estates FieldAs the interminable winter has finally come to a close, and spring has thankfully began to emerge, Surrogate and Appellate Courts have been immersed in significant issues affecting trusts and estates practice. The following decisions are a representative sampling of the many important opinions impacting the field.
By Ilene Sherwyn Cooper
1 minute read
April 06, 2018 | New York Law Journal
Around the State, Courts Tackle a Wide Assortment of IssuesIn her Trusts and Estates column, Ilene Sherwyn Cooper writes: Opinions in the Third and Fourth Departments have respectively addressed testamentary capacity and the validity of a release, while surrogate's in the metropolitan area have confronted discovery requests, and the elective share.
By Ilene Sherwyn Cooper
9 minute read
February 05, 2018 | New York Law Journal
Closing Bell: Three Year-End Decisions From the Surrogate's CourtsTrusts and Estates columnists Ilene Sherwyn Cooper writes: As the year 2017 came to a close, Surrogate's Courts throughout the state continued to address a multitude of issues affecting trusts and estates.
By Ilene Sherwyn Cooper
8 minute read