By newyorklawjournal | New York Law Journal | August 28, 2017
Executor's Letters Revoked; In Absence of Denial Petition Deemed 'Due Proof of Facts Stated'
By newyorklawjournal | New York Law Journal | August 28, 2017
Fees Incurred By Beneficiary in Turnover Suit Should Not Be Shifted to Estate or Objectant
By newyorklawjournal | New York Law Journal | August 25, 2017
Court Grants Motion to Discontinue Petition For Removal of Co-Trustee With Prejudice
By thelegalintelligencer | The Legal Intelligencer | August 25, 2017
Orphans' court properly allowed decedent's sister to present a duplicate of decedent's will for probate because the orphans' court correctly recognized that the burden of proof was on the sister to overcome the presumption of destruction of the will and properly found that sister presented clear and satisfactory evidence to defeat the presumption. Affirmed.
By Conrad Teitell | August 25, 2017
In his Estate Planning and Philanthropy column, Conrad Teitell reviews a recent case where a claimed $33 million charitable deduction—a remainder interest in real property given to a university—was disallowed because the donor failed to state the contributed property's cost on Form 8283, and according to the Tax Court, was about $29.5 million too high anyway.
By newyorklawjournal | New York Law Journal | August 21, 2017
Objectant Granted Motion to Compel Production Of Documents Including Payment of Legal Fees
By newyorklawjournal | New York Law Journal | August 18, 2017
Letters Modified for Compromise, Collection, Of Settlement in Wrongful Death Proceeding
By newyorklawjournal | New York Law Journal | August 18, 2017
Court Satisfied Legacy in Will to Proponent Draftsman Not Result of Undue Influence
By thelegalintelligencer | The Legal Intelligencer | August 18, 2017
Superior Court erred in holding that §7740.1 did not exclude modifications to a trust in a case where beneficiaries asked the court to allow the trust to be modified to include a portability provision because §7766 was the exclusive provision regarding removal of trustees. Reversed.
By Daniel G. Fish | August 17, 2017
Elder Law columnist Daniel G. Fish writes: A recent column in the New York Times questioned the ethics of advising clients about Medicaid eligibility. The planning is pejoratively described as "the mini-industry of lawyers and others who help people arrange their financial lives so they don't spend every last dime on a nursing home." Once again, it is necessary to explain the circumstances that lead seniors to seek valid legal representation.
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