So You Think You Are Ready for a Will Contest in New York?

(56 Ratings)

Produced on: November 20, 2017

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 59 minutes
Difficulty Intermediate

Through an entertaining and informative mock discussion between an attorney and potential client, you will become familiar with some key issues that often arise in a contested probate proceeding. These issues include:

  1. The limitations on the discovery of prior wills;
  2. The effect of Section CPLR 4503(b) on a contested probate and new changes to that statute;
  3. How in terrorum clauses impact a probate proceeding; and
  4. The disqualification of an attorney.

Join Farrell Fritz attorneys Ilene Cooper and Hillary Frommer for this enjoyable and enlightening discussion.


Learning Objectives:

  1. Gain insight into important considerations in selecting an attorney when a will contest is expected
  2. Recognize the relevant statutory provisions involved in a probate contest and the recent developments and changes to the statutes
  3. Identify discovery issues that typically arise in a will contest

Faculty

Ilene Sherwyn Cooper

Farrell Fritz, P.C.

Ilene Sherwyn Cooper is an estate litigator practicing in Surrogate’s Courts throughout New York and the author of several legislative amendments affecting the laws of inheritance in New York. She has extensive experience administering decedents’ estates, drafting and executing wills and trust instruments, powers of attorney, healthcare proxies and living wills. Previously, she worked as a Principal Law Assistant/Referee for the Surrogate of Suffolk County, Hon. Ernest L. Signorelli.

Ilene has held leadership roles with many state and local professional and community organizations. This includes serving as chair of the New York State Bar Association’s 5,000+ member Trust and Estates Law Section, as a member of the New York State Bar Association’s House of Delegates, as president of the Suffolk County Bar Association, and as a Fellow of the American College of Trust and Estate Council (ACTEC). She is also an adjunct professor at Touro College Jacob D. Fuchsberg Law Center, where she has been recognized as Adjunct Professor of the Year multiple times. Ilene published the textbook Wills, Trusts and Estates – Essential Tools for the New York Paralegal and is a columnist on trusts and estates practice for the New York Law Journal and an editor of Warren’s Heaton on Surrogate’s Court Practice.

Ilene drafted an amendment to EPTL 5-3.2, increasing inheritance rights of nonmarital children; co-drafted with members of the NYSBA’s Trust and Estates Law Section an amendment to SCPA 2307-a dealing with attorney-fiduciaries; and was instrumental in initiating and spearheading an amendment to SPCA 2211, which provides for discovery prior to the filing of objections in contested accounting proceedings. Ilene also drafted the legislation that disqualifies abusive parents whose rights have been terminated under Social Services Law from receiving an inheritance from the abused child’s estate.


Hillary Frommer

Farrell Fritz, P.C.

Hillary A. Frommer focuses her practice in litigation, primarily estate matters including contested probate proceedings and contested accounting proceedings. She has extensive trial and appellate experience in both federal and state courts.

Ms. Frommer also represents large and small businesses, financial institutions and individuals in complex business disputes, including shareholder and partnership disputes, employment disputes and other commercial matters.

Reviews

JD
James D.

Creative presentation, materials contained the actual case law (not just citations). Excellent CLE. Thank you to the presenters.

DD
Darlene D.

The theatrical presentation was great for this material.

OC
Orlando C.

seniors need more protection against clever relatives who rob them of their properties using the POA.

RK
Richard K.

Interesting conversational lecture. Well done

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$ 59 Wills, Trusts, & Estates In Stock

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