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Aug 31, 2024

🔑 NY: A Will Is Not a Conveyance

Under New York law, a will is not a conveyance. RPL §§ 240(2)...

Aug 30, 2024

🔑 NY: Donee Should Not Notarize Deed

In New York, someone receiving real property as a gift should not notarize the deed because it can create an evidentiary hurdle....

Aug 22, 2024

🔑 NY: Rules for Confession of Judgment Are in CPLR 3218

The rules for a confession of judgment in New York are in CPLR...

Aug 22, 2024

🔑 NY: Turnover Proceeding Is Governed by SCPA 2104

This post explains how SCPA 2104 governs turnover proceedings even though case law states that petitions are made "pursuant to SCPA 2103."...

Aug 21, 2024

🔑 SCPA 201 Provides the General Jurisdiction of the New York Surrogate's Court

Section 201 of New York's Surrogate's Court Procedure Act...

Aug 21, 2024

🔑 The New York State Constitution Establishes the Jurisdiction of the Surrogate's Court

The New York Constitution establishes the jurisdiction of the Surrogate's Court....

Aug 15, 2024

🔑 NY: Fiduciaries Have Responsibilities to Decedent's Creditors

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Aug 11, 2024

🔑 When "Clear and Definite," Testator's Intent Is Found In Words Used

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Aug 11, 2024

🔑 NY: A Court Cannot Change "Clear and Definite" Words

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Aug 09, 2024

🔑 NY: Plain Meaning of Words Trump Canons of Construction

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Rules

Aug 05, 2024

🔑 Probate: Common Form v. Solemn Form

The procedure differs depending on the state....

Rules

Aug 03, 2024

🔑 NY: Standard for Deciding a Summary Judgment in a Probate Proceeding

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