Contested Accounting Proceedings in Surrogate's Court
Wednesday, May 15, 2013
- Location -
Melville Marriott Long Island
1350 Old Walt Whitman Road
Melville, NY 11747
(631) 423-1600
Can't make this location/date? A webcast option is available on May
30, 2013. Click here
to register.
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
Melville Program Faculty
Joseph T. La Ferlita, Esq. (Chair and Moderator)
Farrell Fritz, P.C.
Uniondale
Ilene S. Cooper, Esq.
Farrell Fritz, P.C.
Uniondale
Sally M. Donahue, Esq.
Jaspan Schlesinger LLP
Garden City
John G. Farinacci, Esq.
Ruskin Moscou Faltischek, P.C.
Uniondale
Hon. Peter J. Kelly
Queens County Surrogate
Jamaica
Eric W. Penzer, Esq.
Farrell Fritz, P.C.
Uniondale
Lori A. Sullivan, Esq.
Law Clerk
Nassau County Surrogate's Court
Mineola
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 Eastern Long Island: Take the Long Island Expressway (495) West to
Exit 49 North (Route 110 Huntington). Stay on the Service Road and after
the second light, the hotel is on the right hand side. From Western Long
Island: Take the Long Island Expressway (495) East to Exit 49 South
(Route 110 Huntington). Make a left at the first light into Old Walt
Whitman Road. Stay on Old Walt Whitman Road and the hotel will be on the
right side. From the Northern State Parkway: Take the Northern State
Parkway to Exit 40 South (Route 110 South). Continue to the westbound
Service Road of the Long Island Expressway (495) West. Make a left onto
the Service Road and the hotel will be on your right hand side. From the
Southern State Parkway: Take the Southern State Parkway to Exit 32 North
(Route 110 Huntington) to the Service Road of the Long Island Expressway
(495) West. Make a left onto the Service Road and the hotel will be on
your right hand side. From MacArthur (Islip) Airport: Take Veterans
Memorial Highway (Junction 454) Northbound to the Long Island Expressway
(495) West to Exit 49 North (Route 110 Huntington) Continue on the
Service Road and the hotel is just past the second light on the right
hand side. From LaGuardia Airport: Take the Grand Central Parkway
Eastbound to the Northern State Parkway East to Exit 40 South (Route 110
South) Continue to the Westbound Service Road of the Long Island
Expressway (495). Make a right at the light onto the Service Road and
the hotel is on the right hand side. From JFK Airport: Take the JFK
Expressway East to the Belt Parkway East and follow the signs to the
Southern State Parkway East. Take the Southern State Parkway to Exit 32
North (Route 110 Huntington). Make a left onto the Westbound Service
Road of the Long Island Expressway (495) and the hotel will be on your
right hand side. From Newark International Airport: Take the New Jersey
Turnpike North (Route 95) to Exit 13. To the Verrazanno Bridge. From the
bridge take the Belt Parkway East to the Cross Island Parkway North to
the Long Island Expressway East to Exit 49 South (Route 110 Huntington).
Make a left at the first light, onto Old Walt Whitman Road and the hotel
will be on your right hand side. From the Verrazanno Bridge, Staten
Island, New Jersey and Brooklyn: Belt Parkway East to the Cross Island
Parkway North to the Long Island Expressway (495) to Exit 49 South
(Route 110 Huntington). Make a left at the first light onto Old Walt
Whitman Road and the hotel will be on your right hand side. From Throgs
Neck Bridge, Whitestone Bridge, Upstate NY and New England: Cross Island
Parkway South to the Long Island Expressway (495) East to Exit 49 South
(Route 110 Huntington). Make a left at the first light onto Old Walt
Whitman Road and the hotel will be on the right hand side.
The last day to pre-register online was May 14, 2013.
Members, please login to get member discounts.
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LI-Registration
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$140.00
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$240.00
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$50.00
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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.
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