Ilene Sherwyn Cooper

April 13, 2015 | New York Law Journal

In her Trusts and Estates column, Ilene Sherwyn Cooper reviews a proceeding instituted by a surviving spouse to determine the validity of her exercise of her right of election against decedent's estate given the post-nuptial agreement she had signed, an application by a decedent's parents to remove his estranged spouse as administrator of his estate on the grounds that she had neglected her fiduciary duties and was hostile, and more.

By Ilene Sherwyn Cooper

14 minute read

April 10, 2015 | New York Law Journal

In her Trusts and Estates column, Ilene Sherwyn Cooper reviews a proceeding instituted by a surviving spouse to determine the validity of her exercise of her right of election against decedent's estate given the post-nuptial agreement she had signed, an application by a decedent's parents to remove his estranged spouse as administrator of his estate on the grounds that she had neglected her fiduciary duties and was hostile, and more.

By Ilene Sherwyn Cooper

14 minute read

March 02, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper reviews recent decisions addressed to the ramifications of a party's failure to timely comply with demands for discovery and the statute of limitations as applied to attorney-client relations.

By Ilene Sherwyn Cooper

14 minute read

February 27, 2015 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper reviews recent decisions addressed to the ramifications of a party's failure to timely comply with demands for discovery and the statute of limitations as applied to attorney-client relations.

By Ilene Sherwyn Cooper

14 minute read

October 03, 2014 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: The construction of a testamentary instrument can play an important role in ascertaining the disposition of an estate, the interests of its beneficiaries, and the duties and responsibilities of its fiduciary. The intent of the testator, the meaning of the words used, and extrinsic evidence all may affect the interpretation of the document, as recent cases demonstrate.

By Ilene Sherwyn Cooper

12 minute read

August 11, 2014 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: The duty to marshal estate assets is a fundamental responsibility of a fiduciary. When a third party refuses to relinquish an asset belonging to an estate, or possesses information as to an asset's whereabouts, proceedings for the recovery, or discovery, of the asset may be utilized by the fiduciary to fulfill this task.

By Ilene Sherwyn Cooper

12 minute read

June 09, 2014 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper writes: From the validity of releases, to spousal status, to the discovery of personal income tax returns, the Appellate Divisions of each of the judicial departments have recently provided useful instruction on matters impacting Surrogate's Court practice.

By Ilene Sherwyn Cooper

13 minute read

April 14, 2014 | New York Law Journal

In her Trusts and Estates Update, Farrell Fritz partner Ilene Sherwyn Cooper writes: The past several months have seen a variety of motions being made in the Surrogate's Court seeking, among other things, summary judgment, dismissal, injunctive relief and discovery. While motion practice often heightens the hostility between the parties, it can also serve to streamline and eliminate issues provoking litigation.

By Ilene Sherwyn Cooper

14 minute read

February 10, 2014 | New York Law Journal

In her Trusts and Estates Update, Ilene Sherwyn Cooper, a partner with Farrell Fritz, reviews recent decisions involving the removal of a fiduciary, the late filing of objections to probate of the decedent's will, a petition by a corporate fiduciary for advice and direction, a request to apply the anti-lapse statute to the residuary clause of a decedent's will, and more.

By Ilene Sherwyn Cooper

12 minute read

December 09, 2013 | New York Law Journal

In her Trusts and Estates Update column, Ilene Sherwyn Cooper of Farrell Fritz, examines decisions addressed to matters affecting discovery in the Surrogate's Court, including the privilege respecting material prepared in anticipation of litigation, disclosure of tax returns, open commissions, and the production of business records.

By Ilene Sherwyn Cooper

11 minute read