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March 03, 2023 | New York Law Journal

Right of Sepulcher: Some Recent Litigated Matters

There are few cases regarding proceedings brought against funeral directors for failure to properly dispose of one's remains. Where one dies intestate with no immediate family available or willing to provide for burial, then the public administrator or the county treasurer or fiscal officer may have the responsibility of providing the necessary services for the disposal of the decedent's remains.
8 minute read
January 06, 2023 | New York Law Journal

Accountings in Estate and Trust Proceedings, Part II: Compulsory Accountings

Despite the requirement that a fiduciary must account for his or actions, there is no statutory provision that requires a fiduciary to provide periodic accountings. In Part two of their series, Raymond Radigan and Kera Reed discuss the issues involved when compelling a fiduciary to account.
8 minute read
December 22, 2022 | New York Law Journal

Hochul Picks New York's Next Chief Judge, Pending Senate Confirmation

The nominee grew up on Long Island, and was the first person in his family to get a college degree.
4 minute read
December 09, 2022 | New York Law Journal

Litigation Proliferation Adds to Court Backlog

One of the biggest issues facing the legal sector today is the present and growing court backlog. It's become so severe that task forces from the National Center for State Courts (NCSC) and individual states are exploring changes to court procedures to ensure access and speed to resolution.
6 minute read
November 04, 2022 | New York Law Journal

Accountings in Estate and Trust Proceedings, Part I: Informal Accountings

This article, the first in a series, discusses settling fiduciary accounts informally rather than the fiduciary being compelled pursuant to SCPA §2205 or through the voluntary judicial settlement process as prescribed in the SCPA §2210.
10 minute read
Law Journal Press | Digital Book Florida Construction Defect Litigation 2025 Authors: Gary L. Brown View this Book

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October 12, 2022 | New York Law Journal

Erie County Surrogate Judge and OCA Feud Over Power to Make Non-Judicial Appointments

The Erie County court has been without a chief clerk since May, and without a deputy chief clerk since July, and there's an "urgent need" to fill the roles because it is the busiest surrogate's court outside of New York City.
4 minute read
September 02, 2022 | New York Law Journal

Jurisdictional Considerations in Choosing Fora for Disputes Concerning Decedents' Assets

This column is intended to illustrate a few examples of jurisdictional issues that involve disputes over a decedent's assets or affairs to demonstrate why a choice of forum is not always as obvious or simple as one might assume.
9 minute read
August 18, 2022 | New York Law Journal

Conduct That Falls Within the Doctrine of 'In Pari Delicto'

While the doctrine's original focus was on illegal acts and illegal contracts, it has since been significantly expanded to other types of wrongdoing, including civil wrongs, as discussed by Thomas J. Hall and Judith A. Archer in this edition of their Commercial Division Update.
9 minute read
July 01, 2022 | New York Law Journal

How Final Is a Decree Based Upon Virtual Representation?

While we often see virtual representation provisions contained in wills and trust instruments, the absence of such a provision is not fatal to the application of the doctrine of virtual representation.
9 minute read
April 29, 2022 | New York Law Journal

SCPA Article 17 Guardianships: How To Invest for a Minor

With court approval, a guardian can jointly control guardianship funds with a bank, credit union, or other financial institution. This type of investment agreement can significantly benefit the infant, while also providing the Surrogate with security in knowing that an established financial institution is a party to the agreement and subject to the Surrogate's oversite.
8 minute read

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