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Warren's Heaton Legislative and Case Digest

Author(s): Lois Bladykas (Author), Hon. David H. Guy (Author), Linda B. Hirschson (Author), Andrew L. Martin (Author), Hon. Stacy L. Pettit (Ret.) (Author), Joshua S. Rubenstein (Author)

Companion to Warren’s Heaton on Surrogate’s Court Practice, the Heaton Digest provides expert articles and legislative and caselaw developments to keep you updated on New York estates law.

Publisher: Matthew Bender Elite Products

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eBook: epub 7th Edition $ 1,319.00	In Stock ISBN: 9780769884004
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Product Description

Warren's Heaton Legislative and Case Digest is a companion to the highly regarded treatise, Warren's Heaton on Surrogate's Court Practice, cited by New York courts for decades. Each edition contains annotations of recent New York estates cases and legislation. Each of the six annual issues also contains an article written by our prestigious Board members, which includes current and former Surrogates.

Table of Contents

Each issue covers different areas of estates law, depending on trending issues. As an example, the following is covered in the February 2021 issue:

Article: The New NY Statutory Power of Attorney
By: Linda B. Hirschson and Marc Selden, Greenberg Traurig, New York, NY

Recent Decisions

Admissibility of Documents in Support of Summary Judgment Motion
Adult Adoption Approved Without Consent of Adoptee
Application of Principal to Income Beneficiary (EPTL 7-1.6) Denied
Appointment of SCPA Article 17-A Guardian Found Not Warranted
Attorneys’ Fees: No Award for Future Services
Birth Father’s Consent to Adoption Found Not Required
Birth Mother’s Consent to Adoption of Child Unnecessary
Codicil as Writing to Take Promise out of Statute of Limitations
Contested Probate: Summary Judgment
CPLR 4401 Motion to Dismiss SCPA 2103 Proceeding Properly Granted
Creation of SNT Approved, Subject to Modification
Creditors’ Claims Dismissed
Cross Motion that Violated Filing Injunction Properly Denied
Dismissal of Probate Proceeding for Failure to Prosecute
Fiduciary of Deceased Fiduciary
Imposition of Constructive Trust Properly Denied
Inconsistency Between Decision and Judgment Entered on the Decision
Lost Will Proceeding
Nonmarital Child Establishes Right to Inherit from Father’s Estate Without Satisfying EPTL 4-1.2
North Carolina, Not New York, Proper Forum for Adult Guardianship Proceeding
Order for Substitution of Deceased Party Denied
Pre-Trial Discovery: Protective Order Properly Granted
Proceeding to Compel Accounting: Statute of Limitations
Relation Back Doctrine Inapplicable to Save Untimely Wrongful Death Action
Respondents’ Application to Vacate Default in Turnover Proceeding Not Granted
Sale of Estate Real Property; Ejection of Distributee
Spousal Abandonment
Standing to Sue on Behalf of Estate or Trust
Taking and Stating Account of Administrator
Trustee Removal Proceeding Directed to Mediation
Trustee’s Motion to Dismiss Objections Granted Despite Absence of Trust Records
Unfitness to Receive Letters Results in Dismissal of Petition
Video Deposition of Probate Objectant Ordered over Objection
Wrongful Death Claim Under Dram Shop Act Dismissed