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Successfully Handling an Examination Under SCPA 1404 (2008)

New York is virtually unique among all states in extending a gilt-edged invitation to a potential contestant in a probate proceeding to depose witnesses and request documents prior to making objections. Any lawyer who handles wills and estates should be aware of, and capable of utilizing, this valuable tool afforded by §1404 of the Surrogate’s Court Procedure Act.

From this program recording, you will learn and review the governing law and regulations and gain recommended practical tips from the experienced faculty in dealing with a 1404 proceeding from three important perspectives: 1) as the instrument’s attorney-drafter now potentially on the “hot seat,” 2) as counsel for the preliminary executor placed in the position of defending a 1404 examination, and 3) as a possible objectant’s counsel considering whether to institute a 1404 proceeding.

The panelists also conduct a mock 1404 examination, based on a typical fact pattern, and this exercise will reinforce the effective practice techniques and approaches you should employ in your own cases.


Program Contents
• Overview of the 1404 Examination
• How To Prepare for a 1404 Examination
• Taking the Examination
• Ethical Considerations
• A Mock 1404 Examination


Program Speakers


Jonathan J. Rikoon, Esq. (Chair)
Debevoise & Plimpton LLP
—New York City


Ilene S. Cooper, Esq.
Farrell Fritz, P.C.
—Uniondale


Lainie R. Fastman, Esq.
Hall & Hall, LLP
—Staten Island


Christopher M. Houlihan, Esq.
Putney, Twombly, Hall & Hirson LLP
—New York City


Jay C. Laubscher, Esq.
Court Attorney-Referee
New York County Surrogate’s Court
—New York City


Lansing R. Palmer, Esq.
Putney, Twombly, Hall & Hirson LLP
—New York City


Eric W. Penzer, Esq.
Farrell Fritz, P.C.
—Uniondale


Total MCLE Credits      4.0
Ethics MCLE Credits     0.5


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

Product Type Member Price Non Member Price
Successfully Handling an Examination Under SCPA 1404 (2008) (This product cannot be used to receive MCLE credit) (CLE CourseBooks) 1898 $40.00 $60.00

+ Successfully Handling an Examination Under SCPA 1404 (2008) (MCLE credit only if you have access to the course's audio/video/CD recording. You cannot receive MCLE credit from a coursebook alone.) (CLE CourseBooks) 1898M $60.00 $125.00

* Successfully Handling an Examination Under SCPA 1404 (2008) (MCLE Audio on CD) D8984 $115.00 $195.00

Successfully Handling an Examination Under SCPA 1404 (Sp08) [Audio] (On-Line Programs) 80898 $90.00 $175.00

+ Each additional person who uses the recorded media for MCLE credit must purchase a copy of this "MCLE coursebook"

* This recording already includes one copy of the MCLE course materials. Course materials provided electronically for all CLE Online Programs, and for CD/DVD Programs from 2010 and later. CD/DVD Programs prior to 2010 include a printed copy of the course materials.