(Webcast) Litigating Commercial Disputes in Surrogate’s Court

Part I – Jurisdiction over Business & Commercial Disputes

Friday, March 25, 2022 | 10:00 am – 12:00 pm

(Originally Scheduled for Friday March 18, 2022)

Part II – Claims Against the Estate

Friday, April 8, 2022 | 10:00 am – 12:00 pm

Part III – Jurisdiction to Compel an Accounting of a Closely-Held Business Where an Estate/Trust Holds an Interest

Friday, June 10, 2022 | 10:00 am – 12:00 pm

Program Chairs:


Part I — Jurisdiction over Business & Commercial Disputes

Eric W. Penzer
Farrell Fritz, P.C.

Part II — Claims Against the Estate
Regina Kiperman
RK Law, P.C.

Part III — Jurisdiction to Compel an Accounting of a Closely-Held Business Where an Estate/Trust Holds an Interest
Steven H. Holinstat
Proskauer Rose LLP, Vice-Chair of Fiduciary Litigation Group


  • Part I — Jurisdiction over Business & Commercial Disputes

    An expert panel will explore the scope and limitations of the Surrogate’s Court’s jurisdiction to entertain and determine business and commercial disputes. While it is oft-repeated that the Surrogate’s Court has no jurisdiction to hear “disputes between living persons” that adage is somewhat overstated. The Surrogates Courts can properly entertain disputes, even those involving living persons that affect a decedent’s affairs or the administration of a decedent’s estate within their jurisdiction, including business and commercial disputes that could alternatively be maintained in the Supreme Court. The line to be drawn between the disputes over which the Surrogate’s Court has jurisdiction and those over which it does not is thin and often difficult to discern. This presentation will concern the Surrogate’s Court’s jurisdiction over such proceedings, including the rules governing transfers of such proceedings to Surrogate’s Courts from other court.

    Who Should Attend: This CLE is intended for trust and estate litigators and planners, and commercial litigators, of all experience levels.

     

    Part II — Claims Against the Estate

    A claim is, in effect, a statement of what is alleged to be owed and a request for payment. Surrogate’s Court is a forum to address and litigate what a Decedent is alleged to owe a Claimant. The power of the Surrogate’s Court, however, does not extend to controversies involving living persons. The Surrogate’s Court, therefore, does not have subject matter jurisdiction over claims by a creditor against a trust, a distributee, or beneficiary.

    An expert panel will explore different types of claims, the strategic decision-making involved in determining how and where to litigate those claims, the forum to commence those claims, and practical and procedural aspects of how to process the claim to a judgment.

     

    Part III — Jurisdiction to Compel an Accounting of a Closely-Held Business Where an Estate/Trust Holds an Interest

    An expert faculty will explore the scope and limitations of the jurisdiction of the Surrogate’s Court to require Executors and Trustees to fully account for all underlying transactions of a closely held business in which an Estate or Trust holds an interest, including a partial interest. And to the extent the Surrogates Court lacks jurisdiction, we will discuss alternatives that beneficiaries and fiduciaries may pursue outside of the Surrogates Court to obtain such information.

    This CLE will also discuss practice tips for trust and estate planners regarding potential ownership structures and corporate governance provisions to carry out a testator’s wishes in deciding whether or not he/she wants his/her fiduciaries to be required to account to the respective beneficiaries for all business-level (as opposed to investor-level) transactions conducted by the closely held business, and particularly whether such accounting should take place in the Surrogates Court or some other court.

    Who Should Attend: This CLE is intended for both trust and estate litigators and planners of all experience levels.

     

    Program Fee:
    One Day: $149 for Members | $249 for Nonmembers
    All Three Days: $399 for Members $599 for Nonmembers

    Members who are Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in any state or country 2019-2021), 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:

    Steven H. Holinstat
    Proskauer Rose LLP, Vice-Chair of Fiduciary Litigation Group

    Regina Kiperman
    RK Law, P.C.

    Peter Sluka
    Farrell Fritz P.C.


    Part 2

    Faculty:

    Steven H. Holinstat
    Proskauer Rose LLP, Vice-Chair of Fiduciary Litigation Group

    Eric W. Penzer
    Farrell Fritz, P.C.


    Part 3

    Faculty:

    Regina Kiperman
    RK Law, PC

    Eric W. Penzer
    Farrell Fritz, P.C.

  • 10:00 a.m. – 10:05 a.m.
    Introduction

    Eric W. Penzer

    • Introduce Panelists
    • Overview of Program

     

    10:05 a.m. – 10:20 a.m.
    Overview of Surrogate’s Court’s Jurisdiction

    • Constitutional
    • Statutory
    • Case Law Authority

     

    10:20 a.m. – 10:35 a.m.                    
    Federal Court Jurisdiction

    • Diversity Jurisdiction
    • “Probate Exception”

     

    10:35 a.m. – 10:55 a.m.
    Particular Types Of Disputes

    • Estates
    • Trusts

     

    10:55 a.m. – 11:20 a.m.
    Statutory Commercial Proceedings

    • Judicial Dissolution
    • Derivative Actions
    • “Books and Records” Proceedings

     

    11:20 a.m. – 11:45 a.m.
    Transferring Proceedings Between Surrogate’s Court and Supreme Court

    • Procedure
    • Practical Considerations

     

    11:45 a.m. – 12:00 p.m.
    Questions & Answers

  • 10:00 a.m. – 10:05 a.m.
    Introduction

     

    10:05 a.m. –  10:20 a.m.
    Types of Claims

     

    10:20 a.m. –  10:35 a.m.
    Litigating Claims in Surrogate’s Court

     

    10:35 a.m. – 10:55 a.m.
    Procedure for Litigating Claim in Surrogate’s Court

     

    10:55 a.m. – 11:20 a.m.
    Litigating Claims in Supreme / Federal Court

     

    11:20 a.m. – 11:45 a.m.
    Procedure for Litigating Claims in Supreme / Federal Court

     

    11:45 a.m. – 12:00 p.m.
    Questions & Answers

  • 10:00 a.m. – 10:05 a.m.
    Introduction

    Steven H. Holinstat

    • Introduce panelists and identify the perspectives of attorneys handling will disputes

     

    10:05 a.m. – 10:30 a.m.
    Overview of Judicial Accountings

    • Types of Judicial Accountings
    • Information Generally Included on an Accounting

     

    10:30 a.m. – 11:20 a.m.
    When must the Fiduciary Account for All Business Operations of Closely-Held Businesses?

    • Types of Business Interests Typically Held by a Trust/Estate
    • How Differences in Trust/Estate Ownership and Control Could Affect a Fiduciary’s Accounting Obligations
    • Scope and Limitation of Surrogates Court’s Jurisdiction to Compel an Accounting of all Transactions Engaged in by the Closely Held Business
    • Ability to Obtain Accounting-Type Information for Transactions Engaged in by the Closely Held Business Outside of the Surrogates Court

     

    11:20 a.m. – 11:55 a.m.
    Practice Tips for Estate Planners

    • Discuss With Client New York’s Default Rules for Accounting for Closely Held Businesses
    • Determine Client’s Intentions as to the Degree of Scrutiny to Which the Client Wants to Subject Transactions Engaged In By the Closely Held Business
    • Corporate Structures and Other Planning Techniques For Carrying Out Client’s Intentions

     

    11:55 a.m. – 12:00 p.m.
    Questions & Answers

  • Part I

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

    Part II

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

    Part III

    New York: 2.0 Professional Practice
    New Jersey: 2.2 General
    California: 2.0 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