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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...

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🔑 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

🔑 NY: When Confidential Relationship Exists, Burden Shifts to Beneficiary to Prove No Undue Influence

🔑 NY: Generally, Burden of Proving Undue Influence Lies with Party Asserting Its Existence

🔑 NY: Alzheimer’s Patients Not Presumed Incompetent; Incompetence Must Be Proven at Transaction Time

🔑 NY: Competence Is Presumed; Party Asserting Incapacity Must Prove It

🔑 NY: State Selected In Choice of Law Clause Governs Substantive Issues, Procedural Matters Governed by Forum State

🔑 NY Court of Appeals Upholds Connecticut’s Statute of Repose in Products Liability Case

🔑 NY Conflict of Laws: Statutes of Limitations are Procedural

🔑 NY Conflict of Laws: Forum State Determines Whether Question Is Procedural or Substantive

🔑 NY: Burden Shift in Summary Judgment Motions

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🔑 Resolving Heirs Property Disputes in NY – A Case Study of Estate of Donato v. Estate of Donato

🔑 Irrevocable Trusts and the Right of Election in New York

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