Trusts and Estates Law

Welcome!

On behalf of the Trusts and Estates Law Section of the New York State Bar Association and the members of its Executive Committee, we welcome to our website all members and hope that our new members will consider becoming actively involved. The benefits of your membership and active participation with the Trusts and Estates Law Section cannot be overstated. You will profit not just from the educational component offered by the outstanding Continuing Legal Education Department, but also from the congeniality and friendships that endure throughout your career. For many new attorneys you will find your participation in the section akin to having an informal mentor.

The Trusts and Estates Law Section is actively involved in all aspects of estate practice, by analyzing topical issues, drafting new legislation and providing relevant continuing legal education to practitioners. Our Section has been in the forefront of proposing significant legislation which has enhanced our practice, such as the enactment of the New York State SOP tax, the creation of unified forms throughout the Surrogate’s Court system referred to as “HOT DOCs” and ratification of the attorney-client privilege between counsel and a fiduciary. It is enormously rewarding to play a role in the development of the law which governs our practice.

The Trusts and Estates Law Section is divided into 16 committees. Each committee has a chair and one or more vice-chairs all of whom are members of the Section’s Executive Committee. The Executive Committee meets five times a year. The work of the Section covers the breadth of the practice through the participation of members on designated committees. At the Executive Committee meetings, members consider and vote on recommendations made by in a report or proposed legislation prepared by a sub-committee which was responsible for studying the particular issue. The participation of each member counts and through these reports, articles and legislation we shape our practice.

A brief description of each Committee is set forth on the Section’s web page which may be accessed on the New York State Bar Association’s web site. Currently, each Committee is actively engaged in several projects, a sampling follows:

1) the Estate Planning Committee is reviewing issues involving the expansion of the grounds for disqualification of surviving spouses; 2) the Surrogate’s Court Committee is addressing the allowance of guardianship investment in 529 College Savings Plans; 3) the Special Committee on E-Filing is working on expanding electronic filings in all the Surrogate’s Courts and 4) the Estate and Trust Administration Committee is drafting legislation to clarify New York’s trust decanting statute.

Each member of our section may participate on a sub-committee in a variety of ways, from researching a topic, drafting a report or legislation, or debating an issue during an Executive Committee meeting. Every member is heard and his or her opinion given weight. 

Our Section is committed to finding a way to help more members get started. For those members who have not signed up for a committee, please do so by contacting the Chair of the Committee or by filling out the attached form and emailing it to Lisa J. Bataille at lbataille@nysba.org: Upon receipt of the form, a member of the section will contact you.

Your membership will enable you to participate on a committee, access invaluable information on the Section’s web page where topical cases and new legislation are posted, receive the Section’s Newsletter (published several times a year) which contain articles on topical issues, and receive via email alerts on breaking cases and legislation.

The benefits of membership are invaluable. The relationships you will form will enrich your practice and provide you with a network that cannot be duplicated.

Committee Assignment Request 

Symposium at ColumbiaLaw School 9/23/2011 (Section Members Only)

Upcoming Events
06/25/2013 - 06/26/2013
Bridging the Gap-ALBANY Video Conference
 
06/25/2013 - 06/26/2013
Bridging the Gap-BUFFALO/NIAGARA FALLS Video Conference
 
06/25/2013 - 06/26/2013
Bridging the Gap-NYC Live-MAIN ROOM SOLD OUT!
 
more

Announcements
Voluntary Good Practices Guidance
ABA Task Force on Gatekeeper Regulation and the Profession
 
Ethics Opinion 865
New Ethics Opinion: Estate planner serving as attorney for executor; conflict of interest; legal malpractice
 
Career Center and Job Alert Service
Job search and support resources for attorneys in transition, attorneys dealing with job loss and others seeking career advice or job listings
 
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Loislaw LawWatch

Loislaw LawWatch is provided as a service of Loislaw.com, a division of Aspen Publishing. Loislaw LawWatch provides access to recent cases based on the search criteria provided by your section. The search criteria may be by area of practice, by court, and /or by date. The NYSBA also provides a basic level of free legal research to all members. You may access free legal research from Loislaw through your MyNYSBA page or through For Attorneys.

undue influence - undue influence
MAZEH CONSTRUCTION CORP. v. VNB NEW YORK CORP., 500728/11 (6-11-2012) 500728/11 Decided on June 11, 2012 BACKGROUND This case arises out of the construction loan provided to defendant 102 Mews LLC by defendants' predecessor banks, Liberty Pointe Bank a ...

undue influence - undue influence
ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to pre ...

executor - executor
ESTATE OF SHEFNER v. BÉRAUDIERE, 112525/11 (5-31-2012) No. 112525/11 May 31, 2012 Plaintiffs move, pursuant to CPLR 6211, to confirm an ex-parte order of attachment dated November 14, 2001 (the Attachment Order). Defendants move, pursuant to CPLR 327, ...

executor - executor
ESTATE OF KRZYCK, 2009-2405 (6-11-2012) 2009-2405 Decided on June 11, 2012 In this probate proceeding the proponent, the decedent's son who is the nominated executor and sole beneficiary under the propounded instrument dated July 20, 2009, moves to pre ...

SCPA - SCPA
IN THE MATTER OF PRATT, 2008-294/D & E (6-19-2012) 2008-294/D & E Decided on June 19, 2012 Notably, no objections were filed by any of the interested parties to this proceeding, which included the Attorney General's Office nor by the Guardi ...