Estate Litigation

Mar 30, 2026

🔑 NY: Attestation Clause and Self-Proving Affidavit Create a Presumption of Compliance with Statutory Execution Requirements

In New York, where the propounded will is accompanied by an attestation clause...

Mar 29, 2026

🔑 NY: Presumption of Regularity Arises When Drafting Attorney Supervises Will Execution

In New York, where the will is drafted by an attorney and the...

Mar 29, 2026

🔑 Due Execution of Wills in New York: The Proponent’s Burden of Proof

In a New York probate proceeding, objections to a will’s validity often...

Mar 28, 2026

🔑 Legal Writing: Anticipating Counterarguments in a Brief

The Question Should you anticipate and address your opponent's arguments before...

Mar 28, 2026

🔑 Legal Writing: What Goes in the First Sentence of a Paragraph

The Problem Many legal paragraphs start weakly. They begin with background, transitions, or...

Mar 27, 2026

🔑 Legal Writing: Addressing What a Case Is Not About

The Problem Opposing counsel sometimes frames the case incorrectly. A common response is:...

Mar 27, 2026

🔑 NY: Orders vs. Decrees—Why an Appeal from an Order Is Dismissed but the Issues Are Reviewed

In New York practice, appellate courts may dismiss an appeal from an order,...

Mar 07, 2026

🔑 Why Courts Distrust Oral Testimony About a Decedents Statements

Courts are often asked to evaluate testimony about what a decedent allegedly said...

Feb 27, 2026

🔑 Clear and Convincing Evidence: What the Standard Requires

The "clear and convincing evidence" standard is an intermediate burden of...

Probate

May 02, 2025

🔑 NY: When the Court May Dispense with Witness Testimony for Probate

Although many wills in New York are admitted to probate without live testimony—...

Civil Practice

Apr 27, 2025

Understanding the “Law of the Case” Doctrine

The “law of the case” doctrine is a significant legal principle that plays...

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