Renee R Roth

February 26, 2024 | New York Law Journal

It is well established law in New York that to be valid, a will, with minor exceptions, must be in writing. It appears this is about to change. A bill has been introduced in the New York Assembly, which adds a new Part 6 authorizing "electronic wills" to Article 3 of the Estates, Powers and Trusts Law.

By Renee R. Roth and William P. LaPiana

11 minute read

February 02, 2023 | New York Law Journal

Joint and survivor bank accounts, among the most common forms of ownership of property, have generated a raft of contested proceedings in our courts with problematic results. The latest proposed solution to the litigation, an amendment to Banking Law §675 suggested by the OCA Advisory Committee on Surrogate's Practice, is the topic of this column.

By Renee R. Roth and William P. LaPiana

10 minute read

May 03, 2021 | New York Law Journal

The pandemic has led many, including New York, temporarily to authorize both remote notarization and remote execution of documents requiring witnesses.

By Renee R. Roth and William P. LaPiana

10 minute read

January 16, 2020 | New York Law Journal

There has not been any thorough consideration of the entire body of trusts and estates law on the scale of the Bennett Commission, which was funded by public funds, in part because there has been no similar allocation of such funds to the effort. Almost all that has been accomplished since then has been the work of dedicated volunteers. The volunteers have been busy again and have proposed a new trust code for New York.

By Renee R. Roth and William P. LaPiana

9 minute read

March 06, 2018 | New York Law Journal

Is an e-will, which exists only in a computer file, just a manifestation of another technological advance than can be accommodated by our statute of wills, or does it really test the boundaries of the law?

By Renee R. Roth and William P. LaPiana

9 minute read

March 06, 2018 | New York Law Journal

Is an e-will, which exists only in a computer file, just a manifestation of another technological advance than can be accommodated by our statute of wills, or does it really test the boundaries of the law?

By Renee R. Roth and William P. LaPiana

9 minute read

February 20, 2018 | New York Law Journal

In this Elder Law column, Renee R. Roth and Daniel G. Fish write: The conflict that has surfaced between fiduciaries of an estate and the Internet companies could be headed for a decision by the Supreme Court of the United States.

By Renee R. Roth and Daniel G. Fish

7 minute read

November 16, 2017 | New York Law Journal

In this Elder Law column, Renee R. Roth and Daniel G. Fish write: Guardianship cases require a careful balancing of the public's right to access to the proceeding and the AIP's right to privacy. It should be observed that these cases are markedly different from ordinary judicial proceedings where the parties voluntarily participate and understand that personal details of their lives may become public.

By Renee R. Roth and Daniel G. Fish

8 minute read