🔑 Log

November 9, 2024

• Glossary
  • Defined res judicata.

November 7, 2024

• Published NY SCPA 207: Lifetime Trusts; Jurisdiction and Venue

November 4, 2024

• Published
  • NY EPTL 3-4.4: Exception to Ademption for Property Transferred by Guardian
  • NY EPTL 5-1.4: Revocatory Effect of Divorce, Annulment, and Separation on Estate Plans

November 1, 2024

• Published
  • 🔑 NY: Appointees Under Powers of Appointment That Have Not Yet Been Exercised Have Standing in Accounting Proceeding
  • 🔑 NY: Punitive Damages Demand Evidence of Extreme Misconduct
  • 🔑 NY: Punitive Damages Require a Substantive Cause of Action
  • 🔑 NY: Remainder Beneficiaries of a Trust Have Standing in an Accounting Proceeding
  • 🔑 NY: Takers in Default of a Power of Appointment Have Standing in Accounting Proceeding
  • 🔑 NY: Prospective Sprinklees of Trust Income Have Standing in Accounting Proceeding
  • NY SCPA 304: Contents of Petition
  • NY SCPA 711: Suspension, Modification or Revocation of Letters or Removal for Disqualification or Misconduct
• Updated 🔑 NY EPTL 3-3.5: Conditions Qualifying Dispositions; Conditions Against Contest; Limitations Thereon

October 30, 2024

• Published NY SCPA 1404: Witnesses to Be Examined; Proof Required.

October 30, 2024

• Published
  • NY CPLR 3102: Method of Obtaining Disclosure
  • NY EPTL 11-1.1: Fiduciaries' Powers
  • NY SCPA 1404: Witnesses to Be Examined; Proof Required
  • NY SCPA 1420: Proceeding for construction of will; effect of decree
  • NY: Surrogate's Court Cannot Interpret Will Before Probate

October 29, 2024

• Published NY EPTL 3-3.5: Conditions Qualifying Dispositions; Conditions Against Contest; Limitations Thereon
• Glossary
  • Defined inheritance.
  • Updated definition of inheritable.

October 28, 2024

• Published NY EPTL 7-2.6: Resignation, Suspension or Removal of Trustee

October 17, 2024

• Published NY CPLR Rule 3217: Voluntary Discontinuance

October 14, 2024

• Published NY SCPA 2307 Commissions of Fiduciaries Other Than Trustees

October 13, 2024

• NY CPLR Rule 3211: Motion to Dismiss

October 12, 2024

• Glossary
  • Defined realization.

October 10, 2024

• Published
  • How AI Gives Me Confidence to Contribute to Professional Discussions
  • NY Estate Tax: Why Clawed-Back Gifts Don’t Get a Basis Step-Up
  • NY Tax Law § 954: Resident's New York Gross Estate

October 9, 2024

• Published Why Executors in New York Should Be Cautious with Specifically Devised Property

October 3, 2024

• Published
  • 🔑 NY: Affidavits Irrelevant in Motion to Dismiss Based on Complaint’s Sufficiency
  • RPL § 236-A Termination of lease of a deceased tenant

September 27, 2024

• Published Chart Shows Surviving Spouses' Options for Inherited Retirement Accounts Under Secure 2.0
• Updated New York TOD Deeds: No Ancillary Transfer Documents Required for Recording

September 26, 2024

• Published
  • 🔑 NY: Competence Is Presumed; Party Asserting Incapacity Must Prove It
  • 🔑 NY: Alzheimer’s Patients Not Presumed Incompetent; Incompetence Must Be Proven at Transaction Time
  • 🔑 NY Court of Appeals Upholds Connecticut’s Statute of Repose in Products Liability Case
  • 🔑 NY: State Selected In Choice of Law Clause Governs Substantive Issues, Procedural Matters Governed by Forum State
  • 🔑 NY: Generally, Burden of Proving Undue Influence Lies with Party Asserting Its Existence
  • 🔑 NY: When Confidential Relationship Exists, Burden Shifts to Beneficiary to Prove No Undue Influence
• Updated New York TOD Deeds: No Ancillary Transfer Documents Required for Recording
• Glossary
  • Defined 🔠 conflict of laws.

September 25, 2024

• Published
  • 🔑 NY Conflict of Laws: Forum State Determines Whether Question Is Procedural or Substantive
  • 🔑 NY Conflict of Laws: Statutes of Limitations are Procedural
  • 🔑 NY: Summary Judgment Proponent Must Make Prima Facie Showing of Entitlement
  • 🔑 NY: Burden Shift in Summary Judgment Motions

September 23, 2024

• Published 🔑 NY: Title to Specifically Devised Real Property Vests Immediately at Death

September 21, 2024

• Published
  • Creating a NY Medicaid Asset Protection Trust (MAPT) with Appreciated Assets
  • The Primary Purpose of a NY Medicaid Asset Protection Trust (MAPT)
• Glossary
  • Defined Medicaid Asset Protection Trust (MAPT).

September 19, 2024

• Published
  • 🔑 Computer Programs for Preparing Surrogate's Court Accounting
  • In-Person Event: Round Table on Nursing Home Problems & Solutions in Pittsford, NY

September 18, 2024

• Published
  • 🔑 NY: Construction Proceeding Does Not Violate In Terrorem Clause
  • 🔑 NY: Executor’s Adversarial Position in Construction Proceeding Bars Charging Legal Fees to Estate

September 17, 2024

• Published 🔑 NY: Stipulation With Incompetent Is Voidable Only By the Incompetent

September 16, 2024

• Published 🔑 NY Repudiation: Stipulations Can Be Set Aside When Other Party Refuses to Perform Obligations
• Glossary
  • Defined overreaching.

September 15, 2024

• Published
  • 🔑 NY: Prompt Action Required to Repudiate Stipulation Procured by Duress
  • 🔑 NY: Stipulations Can Be Set Aside Because of Overreaching
  • 🔑 NY: Stipulations Can Be Set Aside Because of Fraud

September 14, 2024

• Published
  • ‌🗓️ Join the T&E Think Tank: Meet the Chiefs 2024
  • 🔑 NY: Court Can Grant Summary Judgment on Stipulation Interpretation When Parties’ Intent is Clear
  • 🔑 NY: Courts Favor Settlement Stipulations When Parties Have Legal Representation
  • 🔑 NY: Fiduciaries Denied Summary Judgment for Use and Occupancy Fees Due to Lack of Proof and Uninhabitability Claims

September 12, 2024

• Published
  • ➡️ Celebrating Professor Gerry Beyer: A Mentor from Afar
  • 🗓️ Free Webinar for Caregivers: Planning for Long-Term Care Needs in New York
  • ➡️ How to Find Your Home’s Historic District in New York: A Step-by-Step Guide
• Updated NY: New Notice of Petition and Petition in Summary Landlord & Tenant Proceedings

September 11, 2024

• Published
  • 🗓️ Complimentary Webinar on Helping More People Navigate the Dementia Journey (InterActive Legal)
  • ➡️ NY: Guardian Cannot Amend Revocable Trust When Capacity Is Required for Amendment
  • NY: New Notice of Petition and Petition in Summary Landlord & Tenant Proceedings
  • 🔑 NY SCPA 2508 Filing of Will of Decedent
  • 🔑 NY: What Does a Lawyer Do With a Testator's Will When the Executor Goes Silent?

September 10, 2024

• Published NY: Do Not Remove Staples From a Will
• Updated
  • New York TOD Deeds: No Ancillary Transfer Documents Required for Recording
  • 🔑 NY: Sample Staple Affidavit
  • ➡️ No Ancillary Transfer Documents Required for Recording

September 8, 2024

• Published
  • NY TOD Deed: Exclusively for Individuals
  • NY TOD Deed: Not for Coops
  • NY TOD Deed: Not for Out-of-State Real Property

September 7, 2024

• Published
  • 🔑 NY: Generally, a Will Cannot Change the Beneficiaries of a Life Insurance Policy
  • NY WebSurrogate: Protecting Privacy or Limiting Access?
  • 🔑 Sample Retainer Agreement for Nursing Home: Valuable Language for Collection and Guardianship Services

September 6, 2024

• Published
  • Keebler Highlights Harris Tax Proposals
  • New York County Supreme Court Grants Unsealing of Matrimonial Case File for Deceased Father’s Daughter
  • New York TOD Deeds: No Ancillary Transfer Documents Required for Recording
  • NY: Revoke or Amend Beneficiary Designations Through a Will
  • 🔑 NY: Sample Renunciation of Letters of Administration C.T.A. and Waiver of Process (SCAP 1418)
  • 🔑 NY: Sample Staple Affidavit
  • 🔑 Optimizing LinkedIn Embed Code In a Blog Post
  • 🔑 Real Property in Irrevocable Trust: Beneficiaries Don’t Own the Real Property
  • Upcoming CLE Webinar: Probate and Transfer on Death Deeds
• Glossary
  • Defined beneficiary form.
  • Updated definitions of devisee and distributee.

September 5, 2024

• Published Today’s Events: Think Tank Session and Loper Bright Webinar

September 4, 2024

• Published
  • Driving the Estate: The Fiduciary’s Journey in Matter of Pugach
  • One Outline to Many Ebooks

September 3, 2024

• Published 🔑 Form: Petition to Search Safe Deposit Box

September 2, 2024

• Published:
  • Restarted and Shared the Outline
  • Google Alert: Quick Notice for My Automation Blog Post
• Glossary:
  • Updated the definition of Donor Advised Fund (DAF).

September 1, 2024

• Published Automation: Publishing Ebooks from Outlines and Blog Posts from Files

August 31, 2024

• Published 🔑 NY: A Will Is Not a Conveyance

August 30, 2024

• Published 🔑 NY: Grantee Should Not Notarize Deed
• Updated 🔑 NY: Turnover Proceeding Is Governed by SCPA 2104

August 28, 2024

• Updated 🔑 NY: Turnover Proceeding Is Governed by SCPA 2104

August 25, 2024

• Updated 🔑 NY: Turnover Proceeding Is Governed by SCPA 2104

August 23, 2024

• Updated 🔑 NY: Turnover Proceeding Is Governed by SCPA 2104

August 22, 2024

• Published
  • 🔑 NY: Turnover Proceeding Is Governed by SCPA 2104
  • 🔑 NY: Rules for Confession of Judgment Are in CPLR 3218

August 21, 2024

• Published
  • 🔑 The New York State Constitution Establishes the Jurisdiction of the Surrogate's Court
  • 🔑 SCPA 201 Provides the General Jurisdiction of the New York Surrogate's Court

August 18, 2024

• Published New York: Lifetime Trust Is a Term of Art

August 15, 2024

• Published 🔑 NY: Fiduciaries Have Responsibilities to Decedent's Creditors

August 12, 2024

• Published Specific Statutes v. Case-by-Case Flexibility

August 11, 2024

• Published
  • 🔑 NY: A Court Cannot Change "Clear and Definite" Words
  • 🔑 When "Clear and Definite," Testator's Intent Is Found In Words Used
• Updated 🔑 Medium by adding a friend link to my latest post on Medium, Open Links Other Than Anchor Links in New Tab. (A friend link allows Paid Subscribers of Wills, Trusts, Estates to read the articles for free.)

August 9, 2024

• Published 🔑 NY: Plain Meaning of Words Trump Canons of Construction

August 8, 2024

• Published 🔑 Visual Representation of Boolean Search Operators

August 5, 2024

• Published 🔑 Probate: Common Form v. Solemn Form

August 4, 2024

• Updated 🔑 NY: Standard for Deciding a Summary Judgment in a Probate Proceeding
• Made many style adjustments throughout the website.

August 3, 2024

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