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Dec 23, 2024

🔑 NY Duty of Impartiality: TELS Recommendations on Proposed Section 7-A-8.3

The Trusts and Estates Law Section (TELS) of the New York State Bar...

Dec 22, 2024

🔑 NY EPTL 11-2.3(b)(5) Adjustments Must Be Reflected in Accounting

Trustees must reflect an adjustment under EPTL 11-2.3(b)(5) properly...

Nov 10, 2024

🔑 NY: Res Judicata and Collateral Estoppel Defenses Must Be Pleaded, Not Raised on Appeal

In New York, the defenses of res judicata and collateral estoppel—principles designed...

Nov 01, 2024

🔑 NY: Remainder Beneficiaries of a Trust Have Standing in a Proceeding to Remove a Trustee

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Nov 01, 2024

🔑 NY: Prospective Sprinklees of Trust Income Have Standing in Accounting Proceeding

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Nov 01, 2024

🔑 NY: Takers in Default of a Power of Appointment Have Standing in Accounting Proceeding

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Nov 01, 2024

🔑 NY: Remainder Beneficiaries of a Trust Have Standing in Accounting Proceeding

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Nov 01, 2024

🔑 NY: Punitive Damages Demand Evidence of Extreme Misconduct

In New York, the standard for awarding punitive damages is exceptionally high, requiring...

Rules

Nov 01, 2024

🔑 NY: Punitive Damages Require a Substantive Cause of Action

In New York, punitive damages cannot exist as a standalone claim; they must...

Rules

Oct 30, 2024

🔑 NY: Surrogates Court Cannot Interpret Will Before Probate

In New York, Surrogate’s Court is bound by statute not to interpret...

Rules

Oct 11, 2024

🔑 NY EPTL 2-1.7: Presumption of death from absence; effect of exposure to specific peril

EPTL 2-1.7 creates a legal presumption of death for individuals who...

Oct 03, 2024

🔑 NY: Affidavits Irrelevant in Motion to Dismiss Based on Complaint’s Sufficiency

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🔑 NY Duty of Impartiality: TELS Recommendations on Proposed Section 7-A-8.3

🔑 NY EPTL 11-2.3(b)(5) Adjustments Must Be Reflected in Accounting

🔑 NY: Res Judicata and Collateral Estoppel Defenses Must Be Pleaded, Not Raised on Appeal

🔑 NY: Remainder Beneficiaries of a Trust Have Standing in a Proceeding to Remove a Trustee

🔑 NY: Prospective Sprinklees of Trust Income Have Standing in Accounting Proceeding

🔑 NY: Takers in Default of a Power of Appointment Have Standing in Accounting Proceeding

🔑 NY: Remainder Beneficiaries of a Trust Have Standing in Accounting Proceeding

🔑 NY: Punitive Damages Demand Evidence of Extreme Misconduct

🔑 NY: Punitive Damages Require a Substantive Cause of Action

🔑 NY: Surrogates Court Cannot Interpret Will Before Probate

🔑 NY EPTL 2-1.7: Presumption of death from absence; effect of exposure to specific peril

🔑 NY: Affidavits Irrelevant in Motion to Dismiss Based on Complaint’s Sufficiency

Recent News

🔑 NY: When Beneficiaries May Sue to Recover Estate Assets Instead of the Executor

🔑 New York Rule for Translated Documents: A Bilingual Agreement Still Needs a Proper Translation Affidavit

🔑 In New York Probate, Does a Mistaken Family-Relationship Label in a Will Prove Lack of Testamentary Capacity?

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