Conflicts between fiduciaries (whether executors or trustees) and beneficiaries are not unusual. For instance, these often occur with trusts of long duration, where the trustee controls a beneficiary’s access to assets which the beneficiary would prefer to have outright. Disputes may also arise among co-executors or co-trustees, especially if they have differing views on how … Read more
In most contracts, there is specific language regarding how and when a notice to the other party are to be sent. For example, the agreement might specify that notice of termination be given to a certain individual, sent by mail, and/or provided at least 30 days in advance of taking an action. The terms of … Read more
Generally, wrongful death actions are governed by Article 5 of the New York Estates Powers and Trusts Law (EPTL). Such lawsuits are usually commenced by the appointed estate representative and only allow recovery of damages for “pecuniary injuries resulting from the decedent’s death to his distributees” or heirs. These may include damages for their loss … Read more
Generally, when a lender forecloses on a loan, it is entitled to the full amount of principal due plus interest. This usually includes “default interest,” which is charged at a substantially higher rate than the loan interest and starts to accrue from the date the borrower is notified of the default. In a recent court … Read more
Long before COVID, New York law protected homeowners from foreclosure by requiring that lenders take certain steps prior to commencing legal action. One of these steps involves giving advance written right to notice to the homeowner. In a recent decision, a New York appellate court clarified the rules regarding notice and confirmed that lenders must … Read more
In litigation, it is important to determine not only who did what to whom, and what damage resulted, but also who can be held legally responsible for the conduct. The latter issue commonly arises when an employee causes injury to another party and the suit seeks to hold the employer liable for the employee’s actions. … Read more
In order for a will to be valid, a person must have “testamentary capacity.” This means they must be considered competent under the law and have the requisite mental ability to understand and execute a will. In most wills, this is not an issue because the decedent had no health issues when signing and the … Read more
A power of attorney is an essential document in estate planning. Every adult should have one to ensure that someone they trust will handle their financial and legal matters if they are incapacitated or otherwise unable to take care of such issues themselves. While the person holding the power of attorney typically has broad authority, … Read more
The New York State Child Victims Act created a one-year window for victims of sexual abuse to bring a lawsuit against any responsible parties even though the statute of limitations had already expired. As a result of the law, a large number of cases have been filed, including many against religious institutions based on their … Read more
Most people would prefer to file a lawsuit in a court that is convenient to them. That might be fine if the defendant is also local. However, if the defendant is located out of state, specific rules apply regarding where they can be sued. A recent New York appellate case clarified these laws with respect … Read more