Sanford J Schlesinger

March 19, 2021 | New York Law Journal

The authors discuss their opinion that with the ever-increasing use of inter vivos trusts, the time has come for EPTL 3-3.5 to be amended to include safe harbor provisions that apply to both wills and trusts.

By Ross Katz and Sanford J. Schlesinger

12 minute read

September 30, 2020 | New York Law Journal

The current pandemic has raised issues for trusts and estates practitioners that would have garnered very little attention in our pre-COVID-19 world. From the mechanics of notarization to the simple act of being able to meet face-to-face with clients, our new reality has forced us to adjust in ways we never deemed imaginable.

By Sanford J. Schlesinger and Ross Katz

12 minute read

September 09, 2015 | New York Law Journal

Sanford J. Schlesinger and Ross Katz write: It has been five years since the New York Court of Appeals released its landmark decision in 'Schneider v. Finmann', triggering concern among some trusts and estates practitioners that the wall of strict privity between client and attorney was crumbling. While the post-Schneider world in New York has been relatively quiet, two other jurisdictions have recently addressed cases involving the liability of estate planners in connection with testamentary instruments they drafted on behalf of a decedent.

By Sanford J. Schlesinger and Ross Katz

11 minute read

September 08, 2015 | New York Law Journal

Sanford J. Schlesinger and Ross Katz write: It has been five years since the New York Court of Appeals released its landmark decision in 'Schneider v. Finmann', triggering concern among some trusts and estates practitioners that the wall of strict privity between client and attorney was crumbling. While the post-Schneider world in New York has been relatively quiet, two other jurisdictions have recently addressed cases involving the liability of estate planners in connection with testamentary instruments they drafted on behalf of a decedent.

By Sanford J. Schlesinger and Ross Katz

11 minute read

February 19, 2015 | New York Law Journal

Sanford J. Schlesinger and Ross S. Katz write: A recent decision has added an interesting wrinkle that may broaden, at least initially, the scope of one area of the "3-2 rule" in Surrogate's Court: the production of prior wills and codicils of a decedent.

By Sanford J. Schlesinger and Ross S. Katz

12 minute read

February 18, 2015 | New York Law Journal

Sanford J. Schlesinger and Ross S. Katz write: A recent decision has added an interesting wrinkle that may broaden, at least initially, the scope of one area of the "3-2 rule" in Surrogate's Court: the production of prior wills and codicils of a decedent.

By Sanford J. Schlesinger and Ross S. Katz

12 minute read

January 28, 2013 | New York Law Journal

Sanford J. Schlesinger and Ross Katz of Schlesinger Gannon & Lazetera write that despite a seemingly straight forward mandate, a fiduciary cannot simply breathe a sigh of relief and expect compensation for his or her service to be a foregone conclusion, regardless of his or her conduct in managing the affairs of an estate or trust.

By Sanford J. Schlesinger and Ross Katz

13 minute read

June 08, 2012 | New York Law Journal

Sanford J. Schlesinger, a founding partner of Schlesinger Gannon & Lazetera, and Ross Katz, counsel at the firm, write that there is no Surrogate's Court rule requiring a party to provide any notice to an adversary before seeking temporary injunctive relief from the Surrogate's Court.

By Sanford J. Schlesinger and Ross Katz

13 minute read

September 10, 2013 | New York Law Journal

Sanford J. Schlesinger and Ross Katz of Schlesinger Gannon & Lazetera write that while the law is replete with examples of cases discussing the requisite mental capacity of a testator necessary to execute a will, few decisions exist wherein a court is faced with analyzing the requisite mental capacity necessary to execute an intervivos trust. A recent decision sheds light on this seldom analyzed area of law.

By Sanford J. Schlesinger and Ross Katz

12 minute read

October 10, 2012 | New York Law Journal

Sanford J. Schlesinger, a founding partner of Schlesinger Gannon & Lazetera, and Ross Katz, counsel at the firm, write that as more and more of our communications and documentation move into the electronic world, it may be only a matter of time before states enact legislation permitting courts to uphold the validity of wills that are not in hard copy, but exist solely on a computer.

By Sanford J. Schlesinger and Ross Katz

13 minute read