NYSBA

Contested Accounting Proceedings in Surrogate's Court

Thursday, May 30, 2013

- Location -
Sheraton Syracuse University Hotel & Conference Ce
801 University Avenue
Syracuse, NY 13210-0801
(315) 475-3000

Description

Co-sponsored by the Trusts and Estates Law Section and the Committee on Continuing Legal Education


4.5 TOTAL CREDITS
4.0 credit hours of professional practice and/or practice management; 0.5 of ethics.
This advanced-level course has been approved for MCLE credit in New York for all attorneys, except those who are newly admitted (less than 24 months).


This practical half-day course will focus on the heart of a contested accounting—proceedings pursuant to SCPA 2211, including objections and trial thereunder—that many trusts and estates practitioners, and litigators, will face at some time in their careers.

The program is not a primer on accounting proceedings, but rather is aimed at estate planners or litigators who need to know more about recommended, hands-on techniques and approaches in handling a contested accounting—from initial considerations (who can be examined, how to request and prepare for a 2211 examination, over what and how to make objections)—and then through the trial stage, including motion practice, stating and framing issues, the burden of proof, and handling witnesses.

The program faculty at each location will include those who have handled and been through these proceedings and can share their experiences and tips with you.

Program Agenda

8:30-9:00 a.m.
REGISTRATION
(outside meeting room)

9:00-9:20
I. THE COMPULSORY ACCOUNTING PROCEEDING

      A. Standing to bring the proceeding
      B. Necessary parties
      C. Contents of petition
      D. Defenses
      E. Remedy for failing to file proceeding

9:20-10:00
II. THE ACCOUNTING AND PETITION

      A. Necessary parties
      B. Virtual representation
      C. Necessity for and role of Guardian ad Litem
      D. Contents of petition
      E. Preparation of the accounting
      F. The schedules

10:00-10:30
III. THE 2211 EXAMINATION

      A. Purpose of 2211 examination
      B. What should be considered before commencing a 2211 examination?
      C. Who can be examined?
      D. Who can make the request for a 2211 examination?
      E. When is the request for a 2211 examination made?
      F. How is the request made?
      G. Document requests
      H. How to Prepare for a 2211 examination
      I. Other discovery following objections

10:30-10:45
Coffee Break

10:45-11:30
IV. MOCK 2211 EXAMINATION - MATERIALS TO BE PROVIDED
 

11:30-12:00 noon
V. OBJECTIONS
 
      A. Time for filing
      B. Form of objections
      C. Specific objections

12:00-12:35 p.m.
VI. TRIAL

      A. Dispositive motion practice
      B. Jury vs. non-jury trials
      C. Statement of issues/Order framing issues
      D. Burden of proof
      E. Burden of going forward
      F. Expert witnesses
      G. Surcharge/denial of commissions

12:35-1:00
VII. ETHICAL CONSIDERATIONS

      A. Multiple representation of fiduciaries
      B. Multiple representation of beneficiaries

1:00 p.m.
ADJOURNMENT


 
Syracuse Faculty

Ami S. Longstreet, Esq.
(Chair and Moderator)
Mackenzie Hughes LLP
Syracuse

Cecelia R.S. Cannon, Esq.
Bousquet Holstein PLLC
Syracuse

Mary Anne Cody, Esq.
Mackenzie Hughes LLP
Syracuse

Christine Woodcock Dettor, Esq.
Bousquet Holstein PLLC
Syracuse

Charlene E. McGraw, Esq.
McGraw & Brady
Skaneateles

Michael E. O'Connor, Esq.
DeLaney & O'Connor, LLP
Syracuse

Anne B. Ruffer, Esq.
Mackenzie Hughes LLP
Syracuse


Overall Statewide Planning Co-Chairs

Frank W. Streng, Esq. 
McCarthy Fingar LLP
White Plains
(Chair, CLE Committee, Trusts and Estates Law Section)

Sylvia E. Di Pietro, Esq.
Law Office of Sylvia E. Di Pietro, Esq., LLC
New York City
(Vice-Chair, CLE Committee, Trusts and Estates Law Section)


ELECTRONIC COURSE MATERIALS

All program materials will be distributed exclusively online in searchable PDF format, allowing attendees more flexibility in storing this information and allowing you to copy and paste relevant portions of the materials for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees at the live program site. The CLE NotePad © includes lined pages for taking notes on each topic, as well as any PowerPoint presentations submitted prior to printing.

Prior to a scheduled program date, all registrants will receive an email message containing a hyperlink that when clicked will provide you with access to the complete course materials in a searchable PDF format which can be downloaded to your computer using the “Save As” option under your “File” tab. Printing the complete materials is not required for attending the program. Online materials are updated periodically to reflect last minute submissions from program faculty, guaranteeing that you will always have the latest version of the materials.

Traditional printed course books may be ordered at the program site for a discounted price and will be shipped subsequent to the program date.

 

Directions

FROM EAST: NYS Thruway west to Exit 34A, Take Rt 481 south to I 690 west, then I 690 west to Teall Avenue Exit. Turn left onto Teall Avenue, go to 2nd light. Turn right onto Erie Blvd East and go to University Avenue. Turn left onto University Avenue, go 7 blocks and hotel is on left. FROM WEST: NYS Thruway east to Exit 39. Take I 690 east to I81 south to Exit 18 (Adams/Harrison St Exit). Bear left on exit ramp, go under I 81 bridge (Almond Street), go to 2nd light. Turn left onto East Adams Street, go to 4th light. Turn right onto University and go 2 blocks. Hotel is on left. FROM NORTH: Take I 81south to Exit 18 (Adams/Harrison Street Exit). Bear left on exit ramp, go under I 81 bridge (Almond Street), go to 2nd light. Turn left onto East Adams Street, go to 4th light. Turn right onto University Avenue, go 2 blocks and hotel is on left. FROM SOUTH: Take I 81 north to Exit 18 (Adams/Harrison Street Exit). Turn right onto East Adams Street, go to 4th light. Turn right onto University Avenue, go 2 blocks and hotel is on left.FROM NEW YORK CITY: Take Rt 17 to Binghamton. Take I 81 north to Syracuse and follow 'From South' directions) 

The last day to pre-register online is May 29, 2013. Register online now

Members, please login to get member discounts.

Pricing Information for Member
Thru May 20 After May 20
Seminar
0
SYR-Registration $125.00 $140.00
 

Pricing Information for Non Member
Thru May 20 After May 20
Seminar
0
SYR-Registration $225.00 $240.00
 

Pricing Information for Student Member
Thru May 20 After May 20
Seminar
0
SYR-Registration $35.00 $50.00
 

Accommodations for Persons with Disabilities:
NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact Cindy O'Brien at 800-582-2452 or cobrien@nysba.org.