Ilene Sherwyn Cooper

April 11, 2016 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper discusses the issue of mistake as it affects the validity of a will, and examines decisions addressed to the disqualification of counsel and the jurisdictional predicate for a proceeding to compel the production of a will.

By Ilene Sherwyn Cooper

24 minute read

February 08, 2016 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper analyzes a recent decision where a court found a disbarred attorney should not be removed as a co-trustee, another which did remove as fiduciary the son of the deceased due to the hostility between the son and his brother, the two beneficiaries of their mother's estate,

By Ilene Sherwyn Cooper

26 minute read

December 14, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper reviews decisions from the past three months, including one in which the court applied the crime-fraud exception and ordered production of documents relating to invoices for works of art a plaintiff said were given to her by decedent, another where the court denied a summary judgment motion on undue influence after finding decedent knowingly may have been given incorrect information on her predeceased son's arrangements for his beneficiaries, and more.

By Ilene Sherwyn Cooper

13 minute read

December 11, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper reviews decisions from the past three months, including one in which the court applied the crime-fraud exception and ordered production of documents relating to invoices for works of art a plaintiff said were given to her by decedent, another where the court denied a summary judgment motion on undue influence after finding decedent knowingly may have been given incorrect information on her predeceased son's arrangements for his beneficiaries, and more.

By Ilene Sherwyn Cooper

13 minute read

September 29, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: Although in years past, summary judgment in Surrogate's Court proceedings was rare, today, summary relief has become a welcome means for disposing of issues or a matter in its entirety. Of late, this momentum has continued as Surrogate's Courts have been inclined to grant summary relief in proceedings involving the elective share, as well as the judicial settlement of a fiduciary's account.

By Ilene Sherwyn Cooper

12 minute read

September 28, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: Although in years past, summary judgment in Surrogate's Court proceedings was rare, today, summary relief has become a welcome means for disposing of issues or a matter in its entirety. Of late, this momentum has continued as Surrogate's Courts have been inclined to grant summary relief in proceedings involving the elective share, as well as the judicial settlement of a fiduciary's account.

By Ilene Sherwyn Cooper

12 minute read

August 10, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper reviews decisions addressing the scope of discovery, the revocation of wills, jury demands, and the reformation of trusts.

By Ilene Sherwyn Cooper

11 minute read

August 07, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper reviews decisions addressing the scope of discovery, the revocation of wills, jury demands, and the reformation of trusts.

By Ilene Sherwyn Cooper

11 minute read

June 08, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper examines recent opinions addressing such issues as the scope of discovery proceedings and the statute of limitations, jurisdiction, due execution, and the termination of trusts.

By Ilene Sherwyn Cooper

13 minute read

June 05, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper examines recent opinions addressing such issues as the scope of discovery proceedings and the statute of limitations, jurisdiction, due execution, and the termination of trusts.

By Ilene Sherwyn Cooper

13 minute read