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Contested Accounting Proceedings in Surrogate's Court

- Location -
Holiday Inn Rochester Airport
911 Brooks Avenue
Rochester, NY 14624
(585) 328-6000

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

Rochester Faculty

Barbara R. H. James, Esq. (Chair and Moderator)
Harris Beach PLLC
Rochester

Anthony J. Adams, Jr., Esq.
Adams Bell Adams, P.C.
Rochester

Anthony T. Lee, Esq.
Harter Secrest & Emery LLP
Rochester

Anthony T. Selvaggio, Esq.
Jill M. Cicero & Associates
Rochester

Laura W. Smalley, Esq.
Harris Beach PLLC
Rochester


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

The last day to pre-register online was May 14, 2013.

Members, please login to get member discounts.

Seminar
ROCH-Registration	$140.00

Seminar
ROCH-Registration	$240.00

Seminar
ROCH-Registration	$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.