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Marriage is the chief cause of divorce. – Groucho Marx Perhaps second only to the issue of child custody, determining what assets are—or are not—subject to Equitable Distribution is the most important factor that shapes matrimonial litigation. Since...
“My isolation leaves me weak, however just my cause. But opposing you, old as I am, I will stop at nothing.” - Sophocles. As practitioners, Jurists, and medical professionals alike have all increasingly recognized, elder abuse is one of the most...
Many people go through life without much thought to how their property will be divided upon their death. People are typically either too busy to deal with the subject or they do not want to deal with it for emotional reasons. However, there are at least two reasons...
Often when the issue of a discovery proceeding is raised in either a will contest, accounting contest or related litigated estate matter, the initial reaction by the attorney is to assume that reference is being made to the discovery and disclosure permitted by...
Elder abuse, including the financial exploitation of elderly individuals, especially by non family members, who have become mentally incapacitated[1] is an unfortunate and growing problem in our society. The unique vulnerabilities of those abused, the easily...
The traditional protection from claims afforded Estate practitioners by the doctrine of Privity has been relaxed by a recent New York Court of Appeals decision. In the Estate of Saul Schneider v Finmann[i], a unanimous Court of Appeals has ruled that a personal Estate...
By: Gary E. Bashian, Esq. The New York Court of Appeals, on June 29, 2010, resurrected what it has deemed was the original intent of SCPA § 2110, which governs the fixing and determining of attorney’s fees for services rendered to a fiduciary, devisee,...
At a time in which approximately half of all American marriages end in divorce, it is imperative that those interested in dissolving their marriage understand the key issues that must be addressed when seeking to obtain a Judgment of Divorce. Regardless of whether the...
Until quite recently, Estate practitioners were protected from Estate planning malpractice claims by Estate representatives by the often overlooked protections afforded by the doctrine of Privity. However, with their unanimous June 2010 decision in the Estate of Saul...
Our firm recently argued before the Appellate Division, Second Department and was affirmed on the conflicting burdens of proof on a fiduciary when a gift is made pursuant to a short form Power of Attorney, modified in accordance with 1997 amendments to the General...
