The New York Probate Litigation Blog

Recent Posts from The New York Probate Litigation Blog

• New Bills To Restore The Estate Tax In The Congressional Hopper

  As reported today by fellow lawblogger Karen Meckstroth in her Bay Area Wills, Trusts And Probate Report Blog  two Representatives have filed different bills to amend the Internal Revenue Code and to restore the estate…

• Martin Luther King Estate Is Finally Settled

  More than forty years after the death of Martin Luther King Jr., his children have resolved a bitter dispute over his multi million dollar estate. As reported by Bruce Carton in an article posted on…

• Court Leaves Door Open For Foreign Heir To Exercise Fiduciary Rights

  Recently, your faithful lawblogger attended a seminar at the local bar association which was emceed by Nassau County Surrogate John Riordan. The surrogate took this opportunity to discuss  the recently decided case of Schoeps v. Andrew…

• A Usefull Guide To The Dreaded Generation Skipping Transfer Tax (GST)

  Like so many of my readers, the mere mention of the Generation Skipping Tax causes my eyes to glaze over.  I usually break into a cold sweat before I consult the books --and the experts--…

• Jury Convicts Brooke Astor's Son and Her Former Lawyer For Plundering Her Estate

    The New York Times has just reported that a Westchester County Jury has convicted Anthony D. Marshall, 85 year old son of the late socialite Brooke Astor of fourteen counts of stealing from his mother's…

• Trustee's Duty Requires Undivided And Undiluted Loyalty

  New York's Fourth Department Appellate Division has laid down the marker for a trustee's fiduciary responsibility in Capital Heat, Inc. v. Michael R. Blatner Family Trust reported at  882 N.Y.S.2d 632. This matter involved a…

• New York's New Power Of Attorney Mandated for September First

  New York State's new form for a power of attorney which takes effect on September 1, 2009 marks a major change in the law. It may be found in Section 644 of New York's General Obligations Law. As…

• After Three Months, The Brooke Astor Trial Is Becoming --Dare We Say?-- Boring

  In a surprise move, the prosecution in the Brooke Astor trial rested its case, according to the New York Times. The trial has now been front page news in New York for three months.  The trial…

• Bid To Compel Accounting Fails

  Erie County Surrogate Barbara Howe found that she lacked jurisdiction to compel an accounting by a successor guardian who had volunteered to administer a custodial account left for the benefit of the petitioner by his…

• Appellate Court Holds Look-back Period To Run From Date Of Asset's Liquidation And Not Its Gifting

  New York's Fourth Department Appellate Division has made a ruling which should be of interest to those involved in estate planning and elder law. The Matter of Padulo v. Reed (2009 NY Slip Op 04813) concerned…