Lexis Nexis Warren's Heaton on Surrogate's Court Practice
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Cited More Often Than Any Other Treatise On New York Probate And Estates Practice.
Comprehensive Coverage Of New York Probate and Estates Practice--Completely Rewritten And Reorganized.
In-depth analysis of post-mortem estate administration. Warren's Heaton on Surrogate's Court Practice, Seventh Edition provides topical coverage of both the substantive and procedural issues arising in Surrogate's Court practice including jurisdiction, probate, intestacy, appointment of representatives and guardians, administration of real and personal property, distribution, accounting, commissions, attorney's fees, appeals, actions involving fiduciaries, and Federal and New York estate tax.
Extensive Forms Coverage.
Covering a myriad of procedural issues--including up-to-date Federal and New York estate tax forms with detailed explanations. Includes Official New York Surrogate's Court Forms.
Accepted by the courts as the leading text and authority on substantive and procedural practice.
• Organized by subject
• In-depth coverage of case law affecting substance and procedure
• Expanded coverage, including new treatment of Reformation and Trust-splitting, Supplemental Needs Trusts, Uniform Transfers to Minors, and Revocable Living Trusts
• Up-to-date analysis of SCPA, EPTL, and related statutes
• Procedural "how to" guidance
• Over 1,000 court-tested forms, readily adaptable for the attorney's use
• Current New York and Federal estate tax return forms, explanations and analysis
• Bi-Monthly Legislative & Case Digest covering the most recent cases and legislative developments
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Featured Authors
Linda B. Hirschson
Linda B. Hirschson is partner at Greenberg Traurig, LLP, New York, NY. Ms. Hirschson focuses her practice on all aspects of estate planning and administration and is a member of the Board of Regents of the American College of Trusts and Estates Counsel (ACTEC).
Hon. James D. Pagones
Hon. James D. Pagones is the Surrogate of Dutchess County.
Hon. Eugene E. Peckham
Hon. Eugene E. Peckham is a partner at Levene Gouldin & Thompson, LLP, Binghamton, NY, and retired Broome County Surrogate.
Hon. C. Raymond Radigan
Hon. C. Raymond Radigan, retired Nassau County surrogate, serves as counsel to the Trusts & Estates Department of Ruskin Moscou Faltischek, P.C., Uniondale, New York, and chair of the firm's Mediation Solutions Group. His practice focuses on estate and trust litigation, estate administration, and estate planning.
Joshua S. Rubenstein
Joshua S. Rubenstein is Managing Partner of the Trusts & Estates Department at Katten, Muchin Rosenman LLP, New York, NY. Mr. Rubenstein handles a wide variety of private client matters on a local, national, and international level, including personal and estate planning, the administration of estates and trusts, and contested Surrogate’s Court and tax proceedings for high net worth individuals, professionals, entrepreneurs, artists and others with unique intellectual property interests, and is a frequent lecturer and author on these topics.
Table of contents
I THE SURROGATE'S COURT
Chapter 1 The Surrogate's Court
Chapter 2 Jurisdiction; Powers of the Surrogate
II PRACTICE
Chapter 3 Court Rules
Chapter 4 Practice in General
Chapter 5 Petitions and Other Pleadings
Chapter 6 Citation; Service of Process
Chapter 7 Appearances
Chapter 8 Appointment of Guardian ad Litem
Chapter 9 Consolidating and Amending Proceedings
Chapter 10 Orders and Decrees
Chapters 11-30 [Reserved]
III APPOINTING REPRESENTATIVES
Chapter 31 Burial of Decedent; Gift of Human Body or Body Parts
Chapter 32 Elements to Be Proven in a Probate or Administration Proceeding
Chapter 33 General Provisions Concerning Fiduciaries
Chapter 34 Temporary Administration
Chapter 35 Letters of Administration
Chapter 37 Settlement of Small Estates Without Court Administration
Chapter 36 Administration De Bonis Non
Chapter 38 Bonds And Undertakings
Chapter 39 Public Administrators
Chapter 40 Preliminary Letters Testamentary
IV PROBATE PROCEEDINGS
Chapter 41 Probate Proceedings
Chapter 42 Contested Probate
Chapter 43 Decree on Probate
Chapter 44 Letters Testamentary
Chapter 45 Letters of Administration with the Will Annexed (c.t.a.)
Chapter 46 Trustees
Chapter 47 Ancillary Letters
V GUARDIANS
Chapter 48 Guardians of Infants
Chapter 49 Guardians of Mentally Retarded and Developmentally Disabled Persons
Chapter 50 Guardian of an Incapacitated Person Under Mental Hygiene Law Article 81
Chapter 51 Transfers to Minors
Chapters 52-60 [Reserved]
VI ADMINISTERING THE ESTATE
Chapter 61 Fiduciary Duties, Powers, and Liabilities Generally
Chapter 62 Collecting Assets of Estate
Chapter 63 Exemption for Benefit of Family
Chapter 64 Discovery Proceedings
Chapter 65 Inventory of Estate
Chapter 66 Managing and Disposing of Decedent's Business
Chapter 67 Care and Disposal of Personal Property
Chapter 68 Disposition and Management of Real Property
Chapter 69 Principal and Income
Chapter 70 Fiduciary Investment Power
Chapter 71 Payment of Debts and Claims Against the Estate
Chapter 72 [Reserved]
Chapter 73 Election Against Will
Chapter 74 Intestate Distribution of Decedent's Estate to Distributees
Chapter 75 Payment of Legacies and Distributive Shares
Chapter 76 Administering the Estates of Life Tenants
Chapter 77 Release of Claim Against the State
Chapters 78-90 [Reserved]
VII ACCOUNTING
Chapter 91 Accountings in General
Chapter 92 Property With Which Fiduciary Is Charged
Chapter 93 Credits To Fiduciary
Chapter 94 Settlement of Estate Without Formal Accounting
Chapter 95 Accountings by Temporary Administrators and Preliminary Executors
Chapter 96 Voluntary Accountings
Chapter 97 Compulsory Accountings
Chapter 98 Accounting by Fiduciary of Deceased Fiduciary
Chapter 99 Accounting by Guardian
Chapter 100 Accounting by Trustees
Chapter 101 Contested Accountings
Chapter 102 Accounting Decrees and Distributions
VIII COMMISSIONS AND FEES
Chapter 103 Compensation of Fiduciaries
Chapter 104 Costs and Allowances
Chapter 105 Court Fees
Chapter 106 Attorney's Fees
Chapters 107-110 [Reserved]
IX LITIGATION
Chapter 111 Motions
Chapter 112 Pretrial Disclosure (Including Examinations Before Trial)
Chapter 113 Hearings and Trials Without Jury
Chapter 114 Trial by Jury
Chapter 115 Witnesses in Surrogate's Court
Chapter 116 Personal Transaction or Communication Between Witness and Decedent or Mentally Ill Person ...
Chapter 117 The Use of Alternate Dispute Resolution in Estate Matters
Chapters 118--119 [Reserved]
Chapter 120 Action to Disaffirm Fraudulent Transfer Made by Decedent
Chapter 121 Compromise of Controversies
Chapter 122 Actions by or Against Legal Representatives
Chapter 123 Creditors' Actions Against Persons Interested in the Estate
Chapter 124 Action for Wrongful Death
Chapter 125 Reaching Surplus Income Of Trust Beneficiary
X MISCELLANEOUS PROCEEDINGS; APPEALS
Chapter 126 Escheat; Reversion of Property to the State
Chapter 127 Adoptions in the Surrogate's Court
Chapter 128 Establishing Paternity
Chapter 129 Appeals From Surrogate's Court
Chapters 130--150 [Reserved]
XI NEW YORK AND FEDERAL ESTATE TAXES
Chapter 151 Basic Principles of the Federal Estate Tax
Chapter 152 Real Estate
Chapter 153 Stocks and Bonds
Chapter 154 Mortgages, Notes, and Cash
Chapter 155 Insurance
Chapter 156 Jointly Owned Property
Chapter 157 Miscellaneous Property
Chapter 158 Transfers During Decedent's Life
Chapter 159 Powers of Appointment
Chapter 160 Annuities
Chapter 161 Expenses, Debts, and Losses
Chapter 162 Marital Deduction
Chapter 163 Charitable Transfers
Chapter 164 Computation of Tax and Credits
Chapter 165 Payment, Collection, and Refunds
Chapter 166 Audit and Appeal
Chapter 167 Generation Skipping Transfer Tax
Chapter 168 Maintaining Estate Accounts
Chapter 169 Gift Tax
Chapter 170 Valuation of Intra-Family Transfers--the Anti-Estate Tax Freeze Rules
Chapters 171-174 [Reserved]
Chapter 175 New York Estate Tax
Chapter 176-180 [Reserved]
Appendix 1 Actuarial Values
Appendix 2 A Guide To Federal Estate And Gift Taxation
XII CONSTRUCTION OF WILLS AND TRUSTS
Chapter 181 Definition and Nature of Wills and Codicils
Chapter 182 Time and Place Governing Validity and Effect of Wills
Chapter 183 Right to Dispose of Property by Will
Chapter 184 Property That May Be Disposed of by Will
Chapter 185 Who May Take Under a Will
Chapter 186 Classification of Estates
Chapter 187 Construction of Wills
Chapter 188 Reformation of Wills; Trust Splitting
Chapter 189 [Reserved]
Chapter 190 Extrinsic Evidence
Chapter 191 Designation of Beneficiaries
Chapter 192 Distribution Per Capita, Per Stirpes, or by Representation
Chapter 193 Gifts to a Class
Chapter 194 Title and Rights of Legatees and Devisees
Chapter 195 Acceptance, Renunciation, and Election as Affecting Gifts
Chapter 196 Nature of Legacies
Chapter 197 Description of Gift and Rights of Beneficiaries in Connection Therewith
Chapter 198 Residue and Residuary Clauses
Chapter 199 [Reserved]
Chapter 200 Powers of Appointment
Chapter 201 Survivorship, Gifts Over, and Substitutionary Gifts
Chapter 202 Equitable Conversion
Chapter 203 Charge and Abatement of Legacies
Chapter 204 Loss of Devises or Legacies Through Ademption, Advancements, Lapse, or Other Failure
Chapter 205 Anti-Lapse Statutes
Chapter 206 Devises and Bequests Upon Condition
Chapter 207 Validity of Provisions of Will
Chapter 208 The Rule Against Perpetuities; Accumulations
Chapter 209 Trusts
Chapter 210 Living Trusts
Chapter 211 Supplemental Needs Trusts
XIII APPENDICES
Appendix 1 First Report Of The EPTL-SCPA Legislative Advisory Committee
Appendix 2 Second Report Of The EPTL-SCPA Legislative Advisory Committee
Appendix 3 Third Report Of The EPTL-SCPA Legislative Advisory Committee
Appendix 4 Fourth Report Of The EPTL-SCPA Legislative Advisory Committee
Appendix 5 Fifth Report Of The EPTL-SCPA Legislative Advisory Committee
Appendix 6 2002 Unnumbered Report Of The EPTL-SCPA Legislative Advisory Committee
Volume XIV
FINDING AIDS
Table of Cases
Table of Statutes
Index
Volume XV
Legislative and Case Digest
