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Relief Against Fiduciary - All Three Days

Relief Against Fiduciary: Three-Part Afternoon Series
All Three Days
Monday, March 13, 2023 | 3:00 pm - 5:00 pm
Monday, April 24, 2023 | 3:00 pm - 5:00 pm
Monday, June 5, 2023 | 3:00 pm - 5:00 pm
Online registration is now closed. Please call Customer relations at 212 382 6663 to register or for assistance.

SCPA 2102 Proceedings - Part 1
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 2
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 3 
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.

Click Here to View Program Agenda & Faculty

CLE Credit:
New York: 6.0 Professional Practice
New Jersey: 6.9 General
California: 6.0 General
Pennsylvania: 4.5 General

Program Fee:

All Three Days: $399 for Members | $599 for Nonmembers

This program is free to Members who are Law Students, Recent Law Graduates, Newly Admitted Lawyers (admitted for the first time in 2021-2023), In-House Counsel, Judges, or Attorneys  in  Government, Academic or Not-for-Profit sectors.

For New York Attorneys: Newly admitted attorneys (those admitted to the New York State Bar for two years or less) may participate in Skills CLE courses in  live, nontraditional formats, where questions are allowed during the program (through June 30, 2023 per recent guidance of the CLE Board – for more information, click here).  

Program Co-Chairs Part 1 & 2:
Bret Cahn, Farrell Fritz, P.C.
Brian Corrigan, Farrell Fritz, P.C. 

Regina Kiperman, RK Law, P.C.
Program Chair Part 3:
Ronald J. Weiss, Retired Partner, Skadden, Arps, Slate, Meagher & Flom LLP

Sponsoring Association Committees:
Trusts, Estates & Surrogate's CourtAngelo M. Grasso, Chair

Co-Sponsoring Organization:
Small Law Firm Center

Relief Against Fiduciary: Three-Part Afternoon Series
SCPA 2102 Proceedings - Part 1
Misuse of Power of Attorney - Part 2
Convenience vs. Joint Accounts or Have You Ever Met a Convenience Account? - Part 3
All Three Days

Information about our Financial Aid Policy and Application can be found here



Online Event

Monday, 13 March 2023


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