Relief Against Fiduciary: Three-Part Afternoon Series

SCPA 2102 Proceedings  – Part 1 (OnDemand)

Originally held on Monday, March 13, 2023 | 3:00 pm – 5:00 pm

Misuse of Power of Attorney – Part 2 (OnDemand)

Originally held on Monday, April 24, 2023 | 3:00 pm – 5:00 pm

Convenience vs. Joint Accounts or Have You Ever Met a Convenience Account? – Part 3 (OnDemand)

Originally held on Monday, June 5, 2023 | 3:00 pm – 5:00 pm

Register for Part I OnDemand
Register for Part II OnDemand
Register for Part III OnDemand

Program Co-Chair – Part 1 & 2: Program Co-Chair – Part 1 & 2: Program Co-Chair – Part 1 & 2: Program Chair – Part 3:

Bret Cahn
Farrell Fritz, P.C.
Brian Corrigan
Farrell Fritz, P.C.
Regina Kiperman
RK Law, P.C.
Ronald J. Weiss
Retired Partner, Skadden, Arps, Slate, Meagher & Flom LLP


  • SCPA 2102 Proceedings  – Part I

    Surrogate Court Procedures Act section 2102 is an amalgam of proceedings to obtain relief against a fiduciary without the need to wait for an accounting. This CLE will explore the various types of summary proceedings available under this section, including to obtain information concerning the estate relevant to petitioner, to compel delivery of property, to pay a claim, to pay funeral expenses, to pay an advance, and to resolve disputes between co-fiduciaries regarding the administration of the Estate. The CLE will also explain when commencing a proceeding under SCPA 2102 may be more beneficial than simply commencing a Petition to Compel an Accounting. Finally, The CLE will explain the procedure for commencing a proceeding under SCPA 2102 including when to proceed by Order to Show Cause vs. Citation.

    Misuse of Power of Attorney – Part II

    Description:

    As Powers of Attorney have become more easily accessible, there has been an increase in their misuse. This CLE will further explore the ways abuse can occur during and after the creation of the Power of Attorney pursuant to GOL Article 5-1500 et seq, the ways to obtain relief against an agent during principal’s lifetime (in Supreme Court via MHL Article 81 Guardianship Proceeding) and after principal’s death (in Surrogate’s Court), the ways to recover property converted by the agent who has misused the Power of Attorney (MHL 81.43 and/or SCPA 2103, 2014, and 2105), and ways to prevent or mitigate misuse of a power of attorney.

    Convenience vs. Joint Accounts or Have You Ever Met a Convenience Account? – Part III 

    When opening a bank account where the depositor desires to give another person the ability to sign checks or otherwise make withdrawals from that account, New York law gives the depositor three effective options:

    Open the account as a joint account governed by section 675 of the Banking Law;
    Open the account as a convenience account governed by section 678 of the Banking Law; or
    Open the account in the depositor’s sole name and execute a Durable Power of Attorney that appoints the other person as the agent of the depositor and initial the “banking transaction” portion of the POA form.

    This CLE program will explore the legal issues of proceeding under each of these options, why the conflict between the law and the intentions of depositors has generated an inordinate amount of litigation, provide a view from the bench of how those conflicts are best addressed, and explain a proposal which the presenters believe will reduce (if not eliminate) those conflicts and, with it, the potential for abuse of joint accounts.

    Program Fee:
    $149 for Members | $249 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2021-2023), In-House/Corporate Counsel, Judges, and attorney members who practice within the Government, Academic or Not-for-Profit sectors attend this program for free.

  • Part 1

    Faculty:

    Bret Cahn
    Farrell Fritz, PC

    Brian Corrigan
    Farrell Fritz, PC

    Regina Kiperman
    RK Law PC

    Part 2

    Faculty:

    Bret Cahn
    Farrell Fritz, PC

    Brian Corrigan
    Farrell Fritz, PC

    Regina Kiperman
    RK Law PC

    Part 3

    Faculty:

    Honorable Acea M. Mosey
    Erie County Surrogate

    Honorable Peter J. Kelly
    Queens County Surrogate

    Carl Lucas
    Esq.

    Ronald J. Weiss
    Retired Partner, Skadden, Arps, Slate, Meagher & Flom LLP

  • 3:00 pm – 3:05 pm
    Introduction

    3:05 pm – 3:20 pm
    What is SCPA 2012 / What relief is available under SCPA 2102?

    3:20 pm – 3:30 pm
    Analysis of SCPA 2102 (1)

    3:30 pm – 3:40 pm
    Analysis of SCPA 2102 (2)

    3:40 p.m. – 3:50 p.m.
    Analysis of SCPA 2102 (3)

    3:50 p.m. – 4:00 p.m.
    Analysis of SCPA 2102 (4)

    4:00 p.m. – 4:10 p.m.
    Analysis of SCPA 2102 (5)

    4:10 p.m. – 4:20 p.m.
    Analysis of SCPA 2102 (6)

    4:20 p.m. – 4:40 p.m.
    Advantages of Commencing SCPA 2102 over Petitioning to Compel an Accounting of the Estate

    4:40 pm – 4:55 pm
    Procedure for Commencing a Proceeding under SCPA 2102

    4:55 pm – 5:00 pm
    Questions & Answers

  • 3:00 pm – 3:05 pm
    Introduction  

    3:05 pm – 3:10 pm
    What is a Power of Attorney? 

    3:10 p.m. – 3:20 p.m.
    Proper Execution of Power of Attorney

    3:20 pm – 3:50 pm
    Examples of Misuse of Power of Attorney and Commencing a Special Proceeding under GOL 5-1510

    3:50 pm – 4:05 pm
    Commencing a Guardianship Proceeding under MHL 81

    4:05 pm – 4:20 pm
    Commencing a Petition to Compel Accounting of the Agent in Guardianship or Surrogates’ Court

    4:20 pm – 4:35 pm
    Commencing a Turnover Proceeding under MHL 81.43 or SCPA 2103, 2104, or 2105

    4:35 pm – 4:55 pm
    Advantages of Special Proceeding vs. Guardianship vs Surrogate’s Court

    4:55 pm – 5:00 pm
    Questions & Answers

  • 3:00 pm – 3:05 pm
    Introduction  

    3:05 pm – 3:25 pm
    Joint Accounts, Convenience Accounts and Historical Perspective- (Banking Law sections 675, 678 and 679) – Description, Opening Requirements and Historical Perspective 

    3:25 p.m. – 3:55 p.m.
    Issues with Joint Accounts During the Lifetime and Upon the Death of the Depositor (Including the “Moiety Rule” and Tax Issues)

    3:55 pm – 4:25 pm
    Litigating Ownership Issues Following the Death of the Depositor – Review of Case Law and a View From the Bench 

    4:25 pm – 4:50 pm
    The Current Status and Future of Joint and Convenience Bank Accounts Under New York Law 

    4:50 pm – 5:00 pm
    Questions & Answers

  • Part I

    New York: 2.0 Professional Practice
    New Jersey: 2.3 General
    California: 1.5 General
    Pennsylvania: 1.5 General

    Part II

    New York: 2.0 Professional Practice
    New Jersey: 2.3 General
    California: 1.5 General
    Pennsylvania: 1.5 General

    Part III

    New York: 2.0 Professional Practice
    New Jersey: 2.3 General
    California: 1.5 General
    Pennsylvania: 1.5 General

  • Sponsoring Association Committee:
    Trusts, Estates & Surrogate’s Court, Angelo Grasso, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Yelena Balashchenko, Manager, Business Development & Sponsorships | (212) 382-6608 | ybalashchenko@nycbar.org

Register for Part I OnDemand
Register for Part II OnDemand
Register for Part III OnDemand