Monday, April 29, 2019 | 6:00 p.m. – 9:00 p.m.
| Program Co-Chairs: | |
|---|---|
 Angelo M. Grasso |
 Regina |
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What do you do when you are appointed Guardian, Counsel to Guardian, Executor, or Administrator and learn that assets are missing, or, that people who have information about the assets will not provide you with the information? What steps do you take to obtain the information and recover the assets? This course will discuss the institution of discovery and turnover proceedings (both at the Guardianship and Surrogate’s Court level). We will navigate through the steps to file the petition, serve and examine the respondent, take the necessary steps to get an Order for the assets, and enforce that Order.
Program Fee: $199 for Members | $299 for Nonmembers
Small Law Firm: $99 for MembersMembers who are Recent Law Graduates, Newly Admitted Lawyers (earliest admission 2017-2019 in any state or country), In-House/Corporate Counsel, Judges (and their staff), or attorneys that practice within the Government, Academic or Not-for-Profit sectors attend this program for free.
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Bret Cahn
Cahill & Cahill, P.C.Brian Corrigan
Farrell Fritz PCJillian M. Searles
Hodgson Russ LLP -
6:00 pm – 6:05 pm Introduction
Angelo M. Grasso6:05 pm – 6:30 pm Incapacity and Commencing a Guardianship Proceeding to Recover Assets - Commencing proceeding
- Restraining assets on initial filing
- TRO and procedure for notice (202.7)
- Very briefly discuss preventing issues with banks/financial institutions
- Lis Pendens
- Sample Petition and OTSC
- Including authority to bring the Turnover in the Order and Judgment
Regina Kiperman
6:30 pm – 6:55 pm The Nuts and Bolts of Turnover in a Guardianship Proceeding - The nature and purpose of a turnover proceeding
- The authority to commence a turnover proceeding: 81.43
- Sample Petition and OTSC
- Sample Objections
- Discovery demands
- Relevant recent cases
Bret Cahn
6:55 pm – 7:20 pm Commencing a SCPA §2103 Proceeding and the Inquisitorial Phase - Appointing a fiduciary
- Potential parties to a §2103 proceeding
- Pleadings, process and jurisdiction
- Interim relief
- Inquisitorial phase discovery
Jillian M. Searles
7:20 pm – 7:35 pm Break 7:35 pm – 8:00 pm The Turnover Phase of a SCPA §2103 Proceeding and Trial - Pleadings and parties
- Turnover phase discovery
- Common defenses: Statute of limitations and gifts
- Confidential relationships
- Joint accounts and Banking Law §675
- Trial
Brian P. Corrigan
8:00 pm – 9:00 pm Roundtable Discussion and Q&A -
CLE Credit
New York: 3.0 Skills
New Jersey: 3.3 General
California: 3.0 General
Pennsylvania: 2.5 General -
Sponsoring Association Committee
Trusts, Estates & Surrogate’s Courts | Andrew S. Auchincloss, ChairSponsorship Opportunities are Available! Please Contact:
Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org______________________________________________________________