Trusts and Estates Law Section Journal - Winter 2020
A publication of the Trusts and Estates Law Section of the New York State Bar Association. Can’t see this edition? Please view it here.
The Trusts & Estates Law Section Fall Meeting has been reconfigured as a Virtual Program on October 1 & 2! View the Full Agenda under the Events Calendar tab on the left side of this page. Join us for the Meeting and a Virtual Reception on October 1st. You must register by September 20 in order for us to ship you the supplemental package for the Reception. Please select the Cocktail reception option when you register for the meeting if you plan on attending. Registration is NOT AUTOMATIC with your Meeting Registration. Questions? Email cteeter@nysba.org.
Become a member in one of NYSBA’s largest Sections and share insights as you help make ground breaking developments happen. Section members may submit questions for a Q&A column, and articles for publication in the Trusts and Estates Law Section Newsletter. Top-notch MCLE programs allow Section members to enjoy both social and substantive aspects of membership. Post practice-related questions or assist other members by participation in the member-only online Community Forum. Join and take full advantage of opportunities to serve on committees, such as Estate Planning, Estate & Trust Administration, Surrogate’s Court or Charitable Planning. Work on projects such as technology for the trusts and estates practice, and ethical checklists for the trust and estates practitioner.
The Trusts and Estates Law Section Journal features peer-written, substantive articles relating to the practice of trusts and estates law on various topics including estate planning, will drafting, tax issues, guardianship, power of attorney, and probates. Recent New York State Decisions, Case Notes—Recent New York State Surrogate’s and Supreme Court Decisions, and a Florida Update are featured in each issue. Edited by Jaclene D’Agostino, Esq., the Trusts and Estates Law Section Journal is published quarterly by the Trusts and Estates Law Section and distributed to Section Members free of charge.
The Journal is published as a benefit for members of the Trusts and Estates Law Section and is copyrighted by the New York State Bar Association. The copying, reselling, duplication, transferring, reproducing, reusing, retaining or reprinting of this publication is strictly prohibited without permission. © New York State Bar Association. All rights reserved. ISSN 2641-6204 (print) ISSN 2641-6220 (online)
The Trusts and Estates Law Section Journal encourages article submissions on topics of interest to members of the Section. Writing an article for a NYSBA Section publication is a great way to get your name out in the legal community and advertise your knowledge. Our authors are respected state-wide for their legal expertise, and have written articles on such topics as estate planning, will drafting, tax issues, guardianship, power of attorney, and probates.
MCLE credit may also be earned for legal-based writing directed to an attorney audience upon application to the CLE Board. NYSBA Guidelines for Obtaining MCLE Credit for Writing as well as a Publication Credit Application are available.
If you have written an article and would like to have it considered for publication in the Trusts and Estates Law Section Newsletter, please send it in electronic document format (pdfs are NOT acceptable), along with biographical information to its Editor:
Jaclene D’Agostino, Esq.
jdagostino@farrellfritz.com
Section Publications
A publication of the Trusts and Estates Law Section of the New York State Bar Association. Can’t see this edition? Please view it here.
Recognition of exceptional contributions to the Section and the Bar.
Presented by: Trusts and Estates Law Section
Contact: Lisa Bataille, Section Staff Liaison
Nomination Deadline: None
Date Presented: January Annual Meeting
Prize Awarded: Tiffany Clock or Chair’s Choice
The Fellowship Program will provide students an opportunity to experience trusts and estates law practice. The ultimate goal of the Fellowship is to create a network and forge relationships among trusts and estates law attorneys throughout the State of New York.
View/download the 2018 Fellowship information and application.
Speakers:
Jill Beier, Esq., Beier PLLC, Lake Placid, NY
Deborah Kearns, Esq., Chief Clerk, Albany County Surrogates Court
Tara Anne Pleat, Esq., Wilcenski & Pleat, PLLC, Clifton Park, NY
Moderator:
Patricia J. Shevy, Esq., The Shevy Law Firm, LLC, Albany, NY
Power of Attorney Forms (Downloadable)
The New York Statutory Short Form Power of Attorney and New York Statutory Gifts Rider Authorization went into effect on September 12, 2010, the thirtieth day after it became law.
Although the specific language of the statutory forms cannot be changed, modifications can be made in subsection (g) of the Power of Attorney form and under paragraphs (b) and (c) of the Statutory Gifts Rider Authorization. Sample modifications to the Power of Attorney form and the Statutory Gifts Rider Authorization are also included. The modifications are provided by Kathryn Grant Madigan of Levene Gouldin & Thompson, LLP, and other State Bar volunteers, including Michael O’Connor of Delaney and O’Connor. Please note that some of these clauses are mutually exclusive and should be inserted in accordance with the direction/best interests of the Principal. You should also enter your own modifications, as appropriate, to best meet the needs of the Principal.
Although you are required to log in, there is no charge for members. At checkout, members should see a zero balance. There is a $20 charge for non-members.
Please be sure to read the instructions before downloading the form.
Some Useful Places To Go for Specific Pieces of Information
LEGALEase Pamphlets produced by the NYSBA Elder and Trusts and Estates Law Sections. Click the link below to download.
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