Before a Will can be admitted to probate, an interested party has a right to inquire into the facts and circumstances surrounding the instrument’s preparation and execution. One critical tool is the examination of the attorney draftsperson. In this course, attorney Frank Santoro discusses all of the facets of such an examination, including preparation and the key topics to cover.
Understand the statutory framework (Surrogate’s Court Procedure Act) governing pre-objection disclosure in probate contests
Identify the potential objections to probate which will frame your examination of the attorney-draftsperson
Ensure that you are prepared for the examination with documentary disclosure prior to the examination
Chart a course for the attorney-draftsperson’s examination
Comprehend the rules governing the conduct of depositions in New York and the limitations on discovery in the attorney-draftsperson’s deposition
Estate litigation attorney Frank T. Santoro represents clients in Surrogate’s Court in probate contests, contested accounting proceedings, discovery proceedings and fiduciary litigation, and in actions and proceedings in New York State Supreme Court and federal court, including Article 81 guardianship proceedings.