Unraveling the Unique Discovery Procedure for Contested Estate Accounting Proceedings in New York's Surrogate's Court

Posted by Stephen TurmanApr 25, 20230 Comments

When dealing with contested estate accounting proceedings in New York's Surrogate's Court, it's important to understand the unique discovery procedure that governs these cases. The Surrogate's Court Procedure Act (SCPA) and the New York Civil Practice Law and Rules (CPLR) outline the process, which requires an understanding of the nuances involved to effectively navigate the court system. In this blog, we will delve into the specifics of the discovery procedure in contested estate accounting proceedings and provide insights to help you better comprehend this complex area of law.

Challenging Uncooperative Trustees in New York: Know Your Rights as a Trust Beneficiary

Posted by Stephen TurmanMar 30, 20230 Comments

In New York, trust beneficiaries have a right to receive information about the trust and its finances. Trustees are legally obligated to provide transparency and ensure that beneficiaries receive their due distributions. Unfortunately, some trustees refuse to fulfill these obligations, leaving beneficiaries in the dark about their entitlements. This article will discuss the options available to trust beneficiaries under the New York Surrogate's Court Procedure Act (SCPA) and the Estates, Powers, and Trusts Law (EPTL) when faced with uncooperative trustees.

SCPA 2103 Proceedings in New York: Addressing the Abuse of Power

Posted by Stephen TurmanMar 22, 20230 Comments

SCPA 2103 proceedings provide a powerful mechanism for executors and administrators to discover information and recover estate assets. Unfortunately, this provision of the Surrogate's Court Procedure Act is also notorious for being susceptible to abuse, with some parties using it as a means to carry out "fishing expeditions" without a legitimate legal basis. In this article, we will explore the abuse of SCPA 2103 proceedings in New York, the challenges it poses, and the measures being taken to curb such abuse.


Posted by Stephen TurmanMay 03, 20221 Comment

Elder abuse is far too common. While Elder abuse can manifest itself in the form of neglect or physical violence, financial abuse is just as prevalent. In today's vlog, we review a case study in financial abuse of a terminally ill man by his second wife who is 30 years his junior. She hatches a plot involving the use of duress, coercion, undue influence and fraud to steal her husband's money and rob his children from a prior marriage of their inheritance. Can she be stopped?


Posted by Stephen TurmanApr 02, 20229 Comments

In a case involving a small estate with assets that are easy to liquidate and beneficiaries that get along, probate can be an inconvenient process but relatively painless.  When an estate plan is more complex, assets that are harder to liquidate and the beneficiaries are at each other's throats, probate can the legal and financial equivalent to root canal without anesthetic—only worse, since it can go on for years.  If you're asking yourself, why is probate so painful?  Well, let me provide a general overview of the process and you can decide for yourself if it's something you want your loved ones to go through after you leave this Earth.   If you want to avoid probate, there many strategy that can be used to eliminate probate entirely or, at least, minimize the pain associated with probate.  


Posted by Stephen TurmanMar 14, 20221 Comment

I bet you didn't think that managing your relationship with your business partners would be just as as challenging as managing your relationship with your significant other.  Over the course of my 20+ years as a commercial litigator, I have represented dozens of business owners in disputes with their partners and co-owners. I this vlog and blog, I discuss the top five reasons why business partnerships fail...