Most trusts and estates practitioners will encounter from time-to-time roadblocks and difficulties in acquiring all necessary information about a decedent’s assets and liabilities in the course of administering an estate. It is at this stage that a fiduciary, or an interested person, may file a discovery proceeding, or reverse discovery proceeding, in Surrogate’s Court. Recognizing how often lawyers may be called to commence, prosecute or defend a discovery proceeding, this very practical-oriented course:

- Explores ways to do advance planning, prior to the decedent’s death, that can avoid or minimize circumstances leading to difficulties at administration;

- Describes the different types and stages of discovery proceedings, under the relevant provisions of the SCPA and the CPLR, and highlights how the petitioner, the one who is seeking the information, and the respondent, who is the subject of the inquiry, should handle their respective cases; and

- Discusses the ‘trial’ of the proceeding when the ‘inquiry’ stage ends and the all-important issues of the burden of proof and the burden of going forward as between the parties, and other key evidentiary matters.

Program Contents

· Pre-Mortem Planning

· Discovery Proceedings

· The Trial

Program Speakers

Karin J. Barkhorn, Esq., Chair and Moderator
Bryan Cave LLP
—New York City

Hon. John M. Czygier, Jr.

SuffolkCounty Surrogate

—Riverhead

Barbara Levitan, Esq.

GreenfieldStein & Senior, LLP

—New York City

Joseph M. Samulski, Esq.

Managing Director

Division Head of Trusts and Estates Services

The Bank of New York

—New York City

Total MCLE Credits...... 3.0

Ethics MCLE Credits..... 0.5

* Each additional person who uses the tapes for MCLE credit must purchase a copy of the “MCLE coursebook.”