- ⭐️ Key
- ➡️ = A link to another post or page on this website that is available to all readers.
- 🔑 = A link to another post or page on this website that is available to ➡️ Paid Subscribers.
- 🖇️ = A link to another part of this Outline. Clicking on the link opens the part in a new tab in your browser. This allows you to read the relevant section, close the tab, and return to the Outline without losing your place.
- Administrator C.T.A.
- Beneficiary Designation
- Definition: ➡️ beneficiary form. EPTL 13-4.1(a).
- NY: A will can revoke or amend a beneficiary designation. ➡️ EPTL 13-4.6(b).
- 🔑 NY: Generally, a will cannot change the beneficiaries of a life insurance policy
- Bluebook
- Online: https://www.legalbluebook.com/
- Case Unsealing
- Charitable Planning
- Donor Advised Fund (DAF)
- Definition of 🔤 Donor Advised Fund (DAF)
- Donor Advised Fund (DAF)
- Chicago Manual of Style
- Devise
- Definitions
- Types of devises
- Distributee
- Definition of 🔤 distributee.
- Estate Administration
- Fiduciaries manage estate complexities and bear the consequences of their decisions. See, e.g., ➡️ Driving the Estate: The Fiduciary’s Journey in Matter of Pugach.
- 🗓️ Events
- 🗓️ Th 10/17/2024 2:00 - 3:30 PM ET: In-Person Event: Round Table on Nursing Home Problems & Solutions in Pittsford, NY
- Events Archive
- 9/23/2024 🗓️ Free Webinar for Caregivers: Planning for Long-Term Care Needs in New York
- 9/19/2024 🗓️ Join the T&E Think Tank: Meet the Chiefs 2024
- 9/19/2024 🗓️ CLE via Zoom on New York Probate and Transfer on Death Deeds
- 9/17/2024 🗓️ Complimentary Webinar on Helping More People Navigate the Dementia Journey (InterActive Legal)
- 9/5/2024 ➡️ Thursday Think Tank: Open Mic
- 9/5/2024 ➡️ Webinar on the Loper Bright United States Supreme Court Decision
- Fiduciaries
- Definitions
- Fiduciary Responsibilities
- Fiduciaries are responsible for making decisions and may face personal liability for their actions. See ➡️ Driving the Estate: The Fiduciary’s Journey in Matter of Pugach.
- Judicial Oversight of Fiduciaries
- Courts oversee fiduciary actions but do not substitute their judgment for that of the fiduciary. See ➡️ Driving the Estate: The Fiduciary’s Journey in Matter of Pugach.
- Kamala Harris
- Lawmatics
- Lawmatics website: https://www.lawmatics.com/pricing/
- Life Insurance
- Limited Power of Appointment
- MyCase
- MyCase website: https://www.mycase.com/
- MyCase API
- MyCase's API is available only in the Advanced subscription.
- MyCase API Documentation
- NY Administrator C.T.A.
- Generally: 🖇️ Definitions for administrator c.t.a.
- Renunciation of Letters of Administration C.T.A.
- NY Capacity
- NY Cases
- NY Choice of Law Clause
- NY Conflict of Laws
- NY Construction Proceeding
- NY Cooperative Apartments (COOPs)
- NY Equitable Estoppel
- NY Estate Administration
- Unresponsive Executor
+ If a nominated executor becomes unresponsive before the probate petition, then a lawyer who is safekeeping their client's will can 🔑 file the will in court.
- Unresponsive Executor
- NY Estates, Powers and Trusts Law (EPTL)
- EPTL 13-4.1 Definitions
- ➡️ EPTL 13-4.1(a) defines beneficiary form.
- EPTL 13-4.6 Effect of registration in beneficiary form
- ➡️ EPTL 13-4.6(b) allows testators to revoke or amend a beneficiary designation.
- EPTL 13-4.1 Definitions
- NY Executor
- NY Fiduciary Accounting
- NY Guardianship
- ➡️ Guardian Cannot Amend Revocable Trust When Capacity Is Required for Amendment.
- Guardianship services for nursing home: 🔑 Sample language in retainer agreement.
- NY Historic District for Home
- NY In Terrorem Clause
- NY Irrevocable Trust
- NY Landlord & Tenant
- NY Legal Fees in Litigation
- NY Matrimonial Law
- NY Medicaid Asset Protection Trust (MAPT)
- Generally
- Structuring the MAPT
- Funding the MAPT
- Resources
- NY Motion to Dismiss Complaint
- Grounds for Motion to Dismiss
- Statute of Limitations: If the time to bring a lawsuit has expired, a defendant can move to dismiss the case on this basis.
- Exceptions to the Statute of Limitations (e.g., tolling)
- Lack of Jurisdiction: If the court does not have the authority to hear the case, it can be dismissed.
- Personal Jurisdiction: Defendant not subject to the court's authority.
- Subject-Matter Jurisdiction: The court lacks the power to adjudicate the type of dispute.
- Failure to Serve: If the plaintiff fails to properly serve the defendant with the complaint, a motion to dismiss may be filed.
- Methods of Service
- Common Service Errors
- Settlement or Prior Judgment: If the issue has already been resolved by a prior judgment or settlement, it could be grounds for dismissal (res judicata or collateral estoppel).
- Insufficient Complaint: If the complaint does not state a cause of action.
- Statute of Limitations: If the time to bring a lawsuit has expired, a defendant can move to dismiss the case on this basis.
- Timing of the Motion: When can a motion to dismiss be filed?
- Procedure for Filing the Motion: What documents and steps are necessary for filing?
- Court’s Review Process: What does the court consider when reviewing the motion?
- Consequences of Dismissal: Dismissal with prejudice vs. without prejudice.
- Opposition to the Motion: How can the plaintiff respond to the motion?
- Appealing a Dismissal: The process for appealing if a motion is granted.
- Grounds for Motion to Dismiss
- NY Power of Attorney
- NY Renunciation
- NY Revocable Trust
- Terms of Revocable Trust Determine Scope of Authority to Revoke or Amend
- NY Safe Deposit Box
- Petition to Search Safe Deposit Box
- NY Specific Devise
- NY Staple Affidavit
- NY Statutes of Limitations
- NY Stipulations
- Summary Judgment & Stipulations
- Setting Aside a Stipulation
- 🔑 Courts Favor Settlement Stipulations When Parties Have Legal Representation
- Grounds for Setting Aside a Stipulation
- 🔑 Fraud
- Overreaching (Coercion or Duress)
- 🔑 Repudiation
- Lack of Capacity
- Voiding a Stipulation
- NY Summary Judgment
- Proponent must make a 🔑 prima facie showing of entitlement.
- Then, the 🔑 burden shifts to the opposing party.
- 🔑 Standard for Deciding a Summary Judgment in a NY Probate Proceeding
- 🔑 Court Can Grant Summary Judgment on Stipulation Interpretation When Parties’ Intent is Clear
- 🔑 Fiduciaries Denied Summary Judgment for Use and Occupancy Fees Due to Lack of Proof and Uninhabitability Claims
- NY Surrogate's Court Procedure Act (SCPA)
- SCPA 1403 Persons to be served; content of process
- SCPA 1403(1)(d): "Any person designated as beneficiary, executor, trustee or guardian in any other will of the same testator filed in the surrogate's court of the county in which the propounded will is filed whose rights or interests are adversely affected by the instrument offered for probate."
- SCPA 1403(1)(d) can come up when a lawyer 🔑 files a will in Surrogate's Court because a nominated executor is unresponsive.
- SCPA 1403(1)(d): "Any person designated as beneficiary, executor, trustee or guardian in any other will of the same testator filed in the surrogate's court of the county in which the propounded will is filed whose rights or interests are adversely affected by the instrument offered for probate."
- SCPA 1418 Letters of administration with will annexed; when and to whom granted
- 🔑 NY SCPA 2508 Filing of will of decedent
- SCPA 1403 Persons to be served; content of process
- NY Transfer on Death Deed
- Limitations
- Ancillary transfer documents (like TP-584, RP-5217, and IT-2663) are not required when recording NY TOD deeds, Except in Erie County. See ➡️ No Ancillary Transfer Documents Required for Recording (Except in Erie County).
- NY Undue Influence
- NY Use and Occupancy in Surrogate's Court
- NY WebSurrogate
- NY Wills
- Testamentary Capacity
- Scope of a Will
- A will can revoke or amend a beneficiary designation. ➡️ EPTL 13-4.6(b).
- 🔑 Generally, a will cannot change the beneficiaries of a life insurance policy
- Staples
- Safekeeping a Will
- Lawyer Can Safe-keep a Will
- If a nominated executor stops responding before the probate petition, then a lawyer who is safekeeping their client's will can 🔑 file the will in court.
- Lawyer Can Safe-keep a Will
- Will Discovered After Intestate Administration f202410031054
- NY Wrongful Death
- Fiduciaries determine whether to commence a wrongful death proceeding, not the court. See ➡️ Driving the Estate: The Fiduciary’s Journey in Matter of Pugach.
- Power of Attorney
- Real Property
- Research
- Digital Libraries
- New York Fair Hearing Decisions by the Office of Temporary and Disability Assistance – "[Y]ou can search all of the Fair Hearing decisions issued by the Office of Administrative Hearings since November 1, 2010."
- New York Surrogate's Court Records: 🖇️ WebSurrogate
- Residuary Devise
- Retained Limited Power of Appointment
- A trust grantor can reserve a limited power to change trust beneficiaries.
- Federal Estate Tax: The property is included in the decedent's gross estate because the grantor retained "the right, either alone or in conjunction with any person, to designate the persons who shall possess or enjoy the property or the income therefrom." IRC § 2036(a)(1).
- Retained Possession or Enjoyment of Trust Property
- A trust grantor can retain the possession or enjoyment of trust property.
- Federal Estate Tax: The property is included in the decedent's gross estate because the grantor retained "the possession or enjoyment of . . . the property." IRC § 2036(a)(2).
- Retainer Agreements
- 🔑 Sample Retainer Agreement for Nursing Home: Valuable Language for Collection and Guardianship Services
- Collection services: 🔑 Sample hybrid billing agreement.
- Guardianship services for nursing home: 🔑 Sample language.
- SECURE Act 2.0
- Specific Devise
- A type of 🖇️ devise.
- A specific devise is a preresiduary devise. C.f. 🖇️ residuary devise.
- See 🖇️ NY Specific Devise.
- Tax Policy
- Economic Incentives: Tax deductions are strategically used to influence behavior by reducing the cost of certain actions, encouraging employers and individuals to align with policy goals.
- Daniel Schaffa, Reimagining the Deduction for Employee Compensation, 57 U. Mich. J. L. Reform 417 (2024). This article proposes restructuring the employee compensation tax deduction to incentivize employers to hire and raise wages for low-wage workers, aiming to address wage stagnation and improve labor market participation.
- Economic Incentives: Tax deductions are strategically used to influence behavior by reducing the cost of certain actions, encouraging employers and individuals to align with policy goals.
- Technology
- Privacy
- ➡️ NY WebSurrogate: Protecting Privacy or Limiting Access?
- IDeviceHelp, STOP Your iPhone From listening to Your Private Conversations!, YouTube, Sept. 6, 2024.
- Privacy
- Transfer on Death Deed
- Trustee
- Selecting a Trustee
- Duties of Trustee
- Accounting
- Disqualification
- Removal
- Vacancy of Trustee
- New York: A court can fill a vacancy of a trustee under SCPA 706 or SCPA 1502.
- Writing
- ZineHS
- A tag on WTE that collects posts that explore the intersection of law and creativity. See ➡️ Welcome to ZineHS.
- The tag: ➡️ https://www.willstrustsestates.info/tag/zinehs/
- Posts:
- ➡️ Welcome to ZineHS
- 🔑 Visual Representation of Boolean Search Operators
- ➡️ Specific Statutes v. Case-by-Case Flexibility
- ➡️ Automation: Publishing Ebooks from Outlines and Blog Posts from Files
- ➡️ Restarted and Shared the Outline
- ➡️ Google Alert: Quick Notice for My Automation Blog Post
- ➡️ One Outline to Many Ebooks
- ➡️ Today’s Events: Think Tank Session and Loper Bright Webinar
- 🔑 Optimizing LinkedIn Embed Code In a Blog Post
- ➡️ Celebrating Professor Gerry Beyer: A Mentor from Afar
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Hani Sarji
New York lawyer who cares about people, is fascinated by technology, and is writing his next book, Estate of Confusion: New York.
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