New York

Rules

Oct 13, 2024

NY CPLR Rule 3211: Motion to Dismiss

New York’s Civil Practice Law and Rules (CPLR) Rule 3211 outlines the...

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 have...

New York

Oct 10, 2024

NY Estate Tax: Why Clawed-Back Gifts Don’t Get a Basis Step-Up

In today’s T&E Think Tank Zoom study session, hosted by...

Rules

Oct 10, 2024

NY Tax Law § 954: Residents New York Gross Estate

This section of the New York Tax Law lays out the rules for...

Specific Devise

Oct 09, 2024

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

In New York, executors must understand their limits when handling specifically devised property....

Oct 03, 2024

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

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Oct 03, 2024

RPL § 236-A Termination of Lease of a Deceased Tenant

Effective February 15, 2024, legal representatives (such as an executor or administrator) of...

Sep 26, 2024

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

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Sep 26, 2024

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

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Sep 26, 2024

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

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Sep 26, 2024

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

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Sep 26, 2024

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

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NY CPLR Rule 3211: Motion to Dismiss

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

NY Estate Tax: Why Clawed-Back Gifts Don’t Get a Basis Step-Up

NY Tax Law § 954: Residents New York Gross Estate

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

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

RPL § 236-A Termination of Lease of a Deceased Tenant

🔑 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

Recent News

Virginia Clarifies Power of Attorney Authority Over TOD Deeds in 2024

The Advocates Guide to the Medicaid Program: A Must-Have Resource

🔑 NY: Navigating Attorney General Requirements for Wholly Charitable Testamentary Trusts

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