New York Probate & Estate Litigation Blog

Yesterday's Charlotte Observer  has reported on the latest chapter of the turbulent death of James Brown. The South Carolina Court of Appeals has directed that at least 300 items belonging to the late Godfather of Soul are to be auctioned off by Christies in New York on Thursday. The controversy that was part of the life of Brown has continued long after his death on Christmas Day 2006. You may recall that his body was kept in cold storage in his home while a battle raged as to how and where he should be buried. Then there were issues as to whether or not previously unidentified children were entitled to share in his estate. Now there has been a legal battle over the disposition of many items of his personal possessions. With Brown's former business managers waging a court fight to stop the auction, Judge Jasper Cureton has decided to permit the auction to take place and "sort things out later". Hurry to Christies on July 17th if you want to take a shot at acquiring Brown's red jump suit, his blue satin cape or some of his hair picks or rollers! One certain thing , however, is that this estate still has some more mileage -- and headlines -- left, so stay tuned. 

Today's New York Times reports that the late Leona Helmsley has left a mission statement in connection with a testamentary trust valued as high as eight billion dollars. In it, she directs that virtually the entire fund be applied to the welfare of dogs. While Surrogate Renee R. Roth has already shown a willingness to modify the provisions of Ms. Helmsley's will to reduce the original twelve million dollar bequest to her dog to two million (!) dollars, the aim of New York law is to determine the true intent of the decedent and to follow his or her wishes as closely as possible. While it is understandable that a court might rail at the idea of leaving twelve million dollars to a single pooch, the trust's mission statement obviously has a broader intent in mind than the care and feeding of one animal. Since their are numerous organizations dedicated to animal welfare and the advancement of veterinary science, it may very well be that the entire trust will ultimately be applied for the benefit of our nation's canines --just as the late hotel magnate had obviously wanted.

CNBC has reported that the litigation over the estate of the late hedge fund financier Seth Tobias is settled pending the approval of a Probate Judge in Florida Monday. Last December we reported here about the controversy raging since Tobias was found dead in his swimming pool in Palm Beach County  on September 4, 2007. Tobias' brothers brought suit against his widow Filomena charging that she had murdered him by poisoning his pasta  and then luring into a swimming pool on the promise of sex with a male stripper.

One of the last interviews given by  Jacqueline Kennedy Onasis imparted a few words of wisdom which I have always tried to live by. She told her interviewer that the most important accomplishment of her life was getting her children to love each other. Unfortunately, as an article in today's Long Island Business News shows, this advice is generally honored in the breach.  With parents living longer, it appears that guardianship battles between their children are on the increase nationally and attorneys in the practice of elder law are experiencing a litigation component  of their practices which they had never anticipated. The sibling rivalries of childhood are now played out by baby boomer adults across the country in courtrooms where the prize is which sibling gets to take care of an aging parent -- and control that parent's fortune. As the article reports in an update of the litigation surrounding New Jersey widow Lillian Glasser (a topic often found in this blog), millions of dollars can be in play  as families are torn asunder and an entire new discipline is developing in order to focus upon new ways to deal with the problems caused by these disputes.

In the past, I have reported here about the need for a uniform guardianship law in order to prevent elder kidnapping to gain control of a senior citizen's estate. The case of Lillian Glasser made headlines two years ago when it took a federal court to unsnarl a legal imbroglio between a New Jersey widow and her children when her daughter attempted to keep her in Texas by obtaining an order from a Dallas probate judge while her mother was visiting her. The Hartford Courant reported on May 9th on a similar  and even more horrifying case.

Today's Greenwich Post reports that a one million dollar settlement negoiated with Royal Caribbean Cruise Lines  by Jennifer Hagel Smith has been upheld by Connecticut Probate Judge David Hopper. You may remember that Ms. Hagel Smith's husband George Smith IV mysteriously disappeared from the cruise ship Brilliance of the Seas on the couple's honeymoon cruise in the Aegean Sea in July 2005.

It seems that old rock stars have the most interesting estates.The International Herald Tribune has reported that Ike Turner's ex-wife Jeannette Bazzell Turner has filed a claim against his estate stemming from his purported failure to pay her her share of community property after their 1995 divorce in California.

The Star, a newspaper in Sheffield, England has provided us with a  glimpse into sixteenth century rural English life with this account taken from an extremely rare probate proceeding in 1549 England. It is worth a few moments to read it.

The New York Times reported today that Heath Ledger's will made no provisions either for his young daughter, or for  her mother and former girlfriend  Michelle Williams. Instead, the actor left his entire estate to his parents and sisters back in his native Australia.

Newsday reported on February 25th that the strange case of socialite Brooke Astor who passed away last year at the age of 105 has gotten even stranger. It seems that Romanian Prince Paul has tried on at least two occasions to get Ms. Astor's former maid Lia Opris to meet with attorneys for Francis X Morrissey, the attorney who is facing felony charges for allegedly taking part in a scheme to forge Ms. Astor's signature to revisions to her Will. Ms. Opris was reportedly a witness to the signing of the will revisions. So far, she has refused to meet with Thomas Puccio, the lawyer defending Morrissey. The one thing certain about this bizarre case is that we have yet to see the last weird twist and turn.

Today's New York Times brings us  depressing news of yet another attorney fallen from grace for not being able to keep her hands off of the property of an elderly person over whom she had been appointed guardian. The Appellate Division has suspended Emani Taylor for allegedly converting the property of retired Supreme Court Justice John L. Phillips after saying that she had failed to cooperate with the court's investigation into her actions.

The hits just keep coming for Francis X. Morrissey, the former attorney of the late Brooke Astor who died last August at the age of 105. Today's New York Times reports that Mr. Morrissey represented a veritable Who's Who of New York's elderly and wealthy. What is somewhat odd --but unfortunately understandable under the circumstances-- is that he took care of the legal business of many of these clients without charging them fees. Evidently he stumbled across a surefire formula that if you ingratiate yourself with elderly rich folks by doing their legal work gratis at the same time you are taking them to dinner, Broadway shows and bringing them smoked hams, turkeys and cashmere robes you will be rewarded in their wills. Big Time! As the Times article claims, Mr. Morrissey would have another attorney , Warren J. Forsythe Esq., prepare the wills of these clients. Invariably the wills would either provide substantial bequests for him or name him as a fiduciary so that he could earn large commissions. Mr. Morrissey has been hit with an eighteen count indictment arising out of his representation of Ms. Astor. It will certainly be interesting watching this case play out in the criminal court.

Today's New York Times business section tells us of  the mysterious death in Florida of 44 year old hedge fund manager Seth Tobias this past September 4th. From all appearances, he had suffered a fatal heart attack and was found in his swimming pool. Initially, there were no suspicions raised by the death of this man who had controlled a 300 million dollar hedge fund and whose estate is estimated at about 25 million dollars.

Of course, large amounts of money can lead to king-sized claims. Mr. Tobias' four brothers have already filed a lawsuit against his widow Filomena amidst claims that she had drugged and murdered her husband even though she has not been charged with any crime. The Jupiter Florida police have not opened a criminal investigation --and are not likely to do so until the results of the medical examiner's toxicology tests are known.

Meanwhile, Florida subscribes to the doctrine that one cannot profit by one's own wrongdoing and therefore a killer cannot inherit from his or her victim.The stakes here will be extremely high in all respects --and it looks as if we will be treated to a lurid and exciting wild ride which will, incidentally, provide us with more than a few lessons in the law before it is over. 

Today's New York Times carries a lenthy account of the alleged misdeeds of Brooke Astor's former attorney, Francis X. Morrissey Jr. It seems that every time I run a story about Mr. Morrissey, I receive comments from friends and associates telling me what a great guy he is. I can only draw my conclusions from what I read (keeping in mind of course that our system of justice carries with it a cherished presumption of innocence) -- and I am not too impressed. This article will help you to make up your own mind about Mr. Morrissey.

Today's New York Times  reports on an estate conflict between two sets of stepchildren in Suffolk County Surrogate's Court on Long Island's east end. Those of us who do contested estate work are used to seeing people at their very worst , but this story is sufficiently over the top to attract the attention of "The Gray Lady" (as the Times is sometimes known). After Monique Eastman's first husband Richard Spreyregen died in 1959, she subsequently met and married Lee Eastman, a prominent entertainment lawyer whose wife Louise was killed in an air crash. While they lived happily together for nearly thirty years, the closeness they enjoyed was not shared by their respective children.

Today's New York Times has reported the indictments of Anthony D.Marshall, 83 year old son of the late Brooke Astor together with Francis X. Morrissey Jr. Esq. ,a former lawyer of the socialite who passed away in August at the age of 105. The two are charged with irregularities dealing with their activities involving the handling of her financial affairs.

Law Professor Gerry Beyer's Wills, Trusts and Estates Prof Blog has picked up on an interesting story about billionaire Warren Buffet which ran recently on CNN. Testifying at a recent Senate hearing, Buffet voiced his opinion that efforts to end the estate tax are misguided and wrong for a variety of reasons.

Chutzpah has been defined as pleading for mercy on the grounds that one is an orphan after killing both parents. Condemned killer Scott Peterson gives this new meaning after daring to apply for the benefits from the life insurance policy of his wife Lacie. This story is set forth in some detail in a recent report in LA's Metropolitan News Enterprise. It merely restates the time-honored and well-settled public policy that denies a killer any share of the estate or insurance benefits of the person he or she has murdered. Was this application for benefits a ploy to obtain funds to pay legal fees (Peterson won't  need the money where he is going and he is sure to leave behind a gigantic bill from his attorneys)? Just a thought.

Today's New York Times has reported that the settlement talks being held in the Westchester County Surrogate's Court to attempt to resolve the dispute over Brook Astor's Estate have been put on hold while the New York County District Attorney presents the case to a Grand Jury for possible criminal action.

The New York Times has reported that a Manhattan grand jury may be asked to investigate whether or not crimes were committed in the case involving 104 year old socialite Brooke Astor.As reported here last year, questions raised about irregularities in administration of the assets of the multi-millionaire heiress by her son Anthony Marshall as well as allegations of elder abuse and neglect (later found to be unsubstantiated by a New York Supreme Court Judge John Stackhouse ) led to protracted litigation which culminated in an agreement aimed at protecting Ms. Astor's assets and insuring that she would receive good care.

Now, a report issued by court-appointed guardian JP Morgan Chase raises new questions and allegations about Brooke Astor's mental competency in 2003 when she signed documents transferring about nine million dollars in various assets to her son. New York County District Attorney Robert Morgenthau has now reportedly advised potential witnesses to prepare to give grand jury testimony in the matter.

The PA Elder,Estate & Fiduciary Law Blog has reported that the Federal Bureau of Investigation has become interested in certain will contests and  estate litigation . While most of us do not think of this as an area that would capture the attention of an ambitions FBI Agent, the Bureau's website might lead us to think otherwise. High profile court battles involving significant financial fraud on an interstate level which has risen to the level where criminal conduct is evident has attracted law enforcement attention. It is clear that when some of our clients become so enraged at each other that they engage in "War of the Roses" hostility towards each other, they forget that a courtroom is a very public place with a very extensive audience.

Sometimes even a superstar flares out. Such was the determination of a New York jury which found that attorney Jonathan Blattmachr had breached his fiduciary duty by recommending a plan to avoid estate tax by purchasing life insurance pursuant to a method known as a"split dollar insurance arrangement" to Henry Schein, one of the wealthy and well-known clients advised by Mr. Blattmachr and his firm Milbank, Tweed. The verdict is reported in the Wall Street Journal which notes that since the jury also found that this breach was not material in contributing to the client's loss when the IRS disallowed the strategy, the Schein Estate was not entitled to collect damages.

This story carries with it an implied word to the wise. In this situation, the strategy recommended was already falling into some disfavor with the IRS . Usually, when a plan of action doesn't feel right or has been subject to criticism in high places (the IRS is a good example of that), a second --or even a third-- look is usually in order. If an estate planning genius with the ability of Jonathan Blattmachr can run afoul of the law, the rest of us are doubly warned.

As a rather interesting post-script to the earlier accounts of socialite Brooke Astor, an inventory filed by J.P Morgan Chase values her assets at 130.9 million dollars. Today's New York Times gives the detailed inventory of the wealth of Ms. Astor who will celebrate her 105th birthday this Friday. Last fall, it was reported here that Ms. Astor had become the center of a court battle between her son Anthony Marshall and her grandson with charges of elder abuse and neglect raising the awareness of the need to protect the safety and rights of our oldest members of society --especially those who may not have a nine figure bank account.

The legal storm that has swirled around  Anna Nicole Smith during her lifetime promises to develop into a full-blown hurricane after her death February 8th. Barely twenty four hours later, enough issues have arisen to keep an entire faculty of law professors busy for years. While the controversies that surround most celebrity deaths have significance mainly to the public that followed  those stars while they were alive, there are questions here with meatier legal significance.

Last year, I reported on the dispute that erupted after the death of Civil Rights Icon Rosa Parks in Detroit in October 2005. Ms. Parks left the bulk of her estate to an institute which she had founded together with her confidante and caregiver Elaine Steele (who had also held Ms. Parks' power of attorney). The crux of this dispute revolves about who will control the use of Rosa Parks' likeness and thereby reap the royalties derived through its sale. Since her death, the likeness of Rosa Parks has been used in  national advertisements for Chevrolet and Apple Computer -- this is big business. Today's Detroit Free Press reports that the issues raised by angry family members will be tried before a jury this February. 

Fellow lawblogger Juan Antunez has come across an interesting article published by AP concerning the controversies which often accompany the deaths of celebrities. Obviously inspired by the death of James Brown, the article has been published in Juan's Florida Probate Litigation.com. I, too was struck by this rather strange phenomenon when I learned that, nearly one month after his death, the Godfather of Soul lies in a climate-controlled house awaiting the outcome of a family feud to determine just where and when he is finally to be laid to rest.

On August 1, 2000, James Brown executed a will in the presence of his attorney Strom Thurmond Jr.(the juxtaposition of the name of the son of one of our nation's foremost supporters of segregation with the "Godfather of Soul" is not lost upon your blogger!) in which he excluded both his partner and their now five year old  son . As CNN reports tonight, the plot thickens with the assertion by Brown's attorneys that his subsequent marriage to his partner , Hynie was invalid because she had not yet annulled an earlier marriage at the time of her marriage to Brown.

Earlier this year, I reported on the controversy swirling around 104 year old socialite Brooke Astor whose guardianship case has generated legal fees and expenses of about three million dollars according to an article in the December 5th New York Times. The case settled on October 13, shortly before it was slated to go to trial and then the fee applications began to roll in. Oh Boy did they roll in!

A war of words has erupted on the front page of the New York Law Journal over the two million dollar legal fee which Thomas Troiano Esq., a Florida attorney is seeking from the estate of Edward J. Mardovich who died at the World Trade Center on September 11,2001. As I reported here last Tuesday, Mr. Troiano is coming under very heavy criticism for his fee application in Suffolk County Surrogate's Court on Long Island.

Today's New York Law Journal reports that a a Florida lawyer's suit for two million dollars in legal fees to which he claims he is entitled for representing a Suffolk County, New York resident in a claim arising out of her husband's death in the World Trade Center attack has been stayed pending the outcome of  estate proceedings in Suffolk County Surrogate's Court.  Troiano v. Mardovich 06 Civ. 523 promises to be a very interesting case as it develops further.

Today's New York Daily News  calls attention to a problem that may not surface all that often but is always ugly when it does. Following up on its series of articles about 104 year old socialite Brooke Astor which I have reported on here, the News has turned to Ms. Astor's lawyer, 63 year old Francis Morrissey who was hired by her son Anthony Marshall to replace the venerable and well-reputed law firm of Sullivan Cromwell which had represented her for forty years.

Today's New York Times  reports that one of the more cynical attempts at drastically cutting the estate tax has gone down to defeat in the Senate.  Proponents of repeal in the House had linked an increase in the minimum wage to the new tax cut proposal which failed in the Senate by four votes. It should not pass without notice that one of the big losers here is Majority Leader Bill Frist (R- Tenn) whose estate (consisting of his interest in his family's share of Health Corporation of America) would save  literally tens of millions of dollars if the measure had passed.

Your faithful blogger understands that many out there are slow to characterize this as a "war on the middle class" but I am slow to find any other appropriate adjectives to describe a situation where a much-needed increase in the minimum wage is linked to an estate tax cut which will benefit far less than 1% of taxpayers while further concentrating wealth in the hands of fewer Americans and creating a revenue shortfall that the rest of us in far more mundane income brackets will have to make up.

Following last week's breaking news story reported here about the alleged mistreatment of 104 year old socialite and heiress Brooke Astor, New York's Supreme Court has stepped in and appointed Ms. Astor's longtime friend  and protegee Annette de la Renta as her temporary guardian. This morning, it was reported that Ms. Astor has left a Manhattan hospital for the cushier surroundings of her estate at Briarcliff Manor where her son --and former guardian-- 82 year old Anthony Marshall was turned away when he attempted to visit.

Today's New York Daily News reports the ultimate trust beneficiary's nightmare which has befallen none other than 104 year old socialite Brook Astor.  Although she is the beneficiary of a 45 million dollar trust from the estate of her late husband which pays her an estimated 2 million dollars annually, Astor's 82 year old son Anthony Marshall has evidently refused to apply these massive assets to provide his mother with even the most basic level of support,

CNN has reported that the Senate has failed at an attempt to reach a compromise on legislation to raise the limits on the estate tax after an earlier attempt at outright repeal of the tax also failed. Repeal of the estate tax would affect less than one percent of all estates of persons dying after the first of this year but it is also estimated that the cost in revenue to the goverment would be as high as one trillion dollars between the years 2012 and 2021.

I could not help but notice that, in a related article, CNN reported that an (unscientific) online poll indicates that fully 51% of those repsonding favored the outright elimination of the tax. It is a sobering thought that those special interest groups fighting for estate tax repeal have succeeded to the point where 51% of the public appears to be willing to shoulder a one trillion dollar tax burden which the wealthiest .3% of Americans would be relieved of paying.

Your faithful law blogger arrived home tonight to find our two family felines -visions of endless quantities of cat treats abounding in their heads-- trying their best to read today's issue of the New York Sun which features an article on pet trusts. While I was well-aware that pet trusts are legally recognized, effective and widely-used estate planning tools in New York, I frankly had no idea as to the extent to which they are currently being utilized. It seems that six figure bequests for Fido and Fluffy are becoming more common than one might otherwise think. This summer's conference of the American Bar Association to be held in Hawaii will have a session on pet trusts and there are now attorneys who have begun to specialize in this area of the law.

The May 14th issue of the Stamford Advocate contains a cautionary story by Julie Jason about the perils of becoming a fiduciary. While you will really have to be incredibly unlucky to suffer the fate of Monsignor Bolduc's executor, this article really underscores the need to act quickly to retain competent counsel and learn exactly what a fiduciary's rights and responsibilities are (you needn't accept the apppointment if it seems too fraught with danger). Meanwhile, the finding of the Connecticut probate court seems a bit far-fetched and it would appear that the appellant's chances are rather good. We will see.

Leanna Hamill's Massachusetts Estate Planning and Elder Law Blog has reprinted an interesting and thought-provoking article from April 30th's Boston Globe Magazine. It is never too early for young parents to consider --and to aggravate over-- estate planning. I thought you might enjoy it.

It appears that Anna Nicole Smith's recent Supreme Court victory may result in a flood of federal litigation of probate matters. My Florida friend and fellow law blogger Juan Antunez (Florida Probate Litigation. com) ruminates on this idea in his blog today and contemplates spending a lot more time in federal court in the future.

Former Playboy playmate Anna Nicole Smith has won a major victory in the Supreme Court. Associated Press has reported that the court voted unanimously to give her another day in court and revived her claim against the estate of her late husband J. Howard Marshall II. The ruling has great significance in that it allows federal courts greater authority to resolve claims arising out of estates although state courts retain their sole authority to probate a will.

Earlier this year, I reported on the case of Lillian Glasser, a wealthy New Jersey widow who had become embroiled in a multi-state legal feud (Florida, Texas and New Jersey) to determine where she should live and who should serve as her guardian. An article in today's New York Times by Tina Kelly reports that Ms Glasser has been allowed to return home to New Jersey, having expressed strong desires to be allowed to do so.

May promises to be the month that Senate Majority Leader Frist will attempt to marshall his minions to pass legislation eliminating the estate tax. If this were to come to pass, our nation's wealthiest families would be the primary beneficiaries of the new law which would free them of billions of dollars of tax liabilities. Senator Frist's own estate would save many millions of estate tax dollars (as, by the way, would Secretary of Defense Donald Rumsfeld's estate).

Estate tax confusion is the subject of an article posted on April 22 by Clark Allison in the California Estate and Business Blog. The uncertainty which has beset estate planning by the current legislation in place is seen in context with the issues surrounding the future of the estate tax in Congress. This ongoing debate seems to have little chance at this time of producing any sort of lasting compromise and the author suggests that the big losers may prove to be those of us who delay implementing a good estate plan waiting for such a compromise to be reached.

The sixth annual National Aging and Law Conference will be held from April 20 to April 23 at the Double Tree Hotel in Crystal City, Arlington Va. This will be a forum for a broad spectrum of elder law and elder care advocates sponsored by AARP together with a number of other advocacy organizations . Complete information may be obtained from the NALC website.

On March 7th, the New York Times brought us news of a new reality show from the U.K. Sir Benjamin Slade has decided to look for an heir to his 13 million dollar estate here in America. Finalists will compete for this grand prize in the course of a t.v. reality show at Maunsel House, his estate in Somerset England. Taking a leaf from Donald Trump's "The Apprentice" , Sir Benjamin plans to one-up The Donald by informing losing contestants that "you're disinherited". The last contestant standing will inherit Sir Benjamin's millions.

In January, I reported on the case of Lillian Glasser, an elderly widow from New Jersey with a home in Boca Raton Florida who has found herself to be embroiled in a bitter guardianship dispute in Texas .Fellow law blogger Professor Gerry W. Beyer has reported on the next phase of this legal odyssey in his Wills,Trusts and Estates Prof Blog Read on as poor Mrs.Glasser's seemingly never-ending story continues.

Long the butt of jokes of late night comedians,former Playboy Playmate Anna Nicole Smith has entered a new arena. The Supreme Court today heard arguments in her action to re-open her claim against the estate of her late husband J. Howard Marshall (who died at the age of 90 after a brief marriage to Ms. Smith) . The Justices seemed extremely interested in all phases of this case which truly has something to interest everyone. It involves an estate of approximately 1.6 billion dollars, allegations of a forged will and chicanery on all sides.

The worst matrimonial cases often involve bitter custody disputes which may involve not only domestic violence but also child-snatching as well. As nasty as some estate contests can be, I have always taken comfort knowing that the worst of them do not compare to a garden-variety custody fight. The case of Lillian Glasser, reported in the December 28th New York Times combines the worst features of a custody fight with the worst features of an estate fight. What could be messier than an interstate custody fight between adult siblings over a parent with a net worth of twenty five million dollars?

A quick word of advice from my fellow law blogger, Texas law Professor Gerry W. Beyers in his Wills Trusts and Estates Blog who has come across an advice columnist dispensing legal advice mixed in with her helpful hints on interpersonal relationships.
"People seeking legal advice" cautions the professor, "should consult with a lawyer, not an advice columnist."

The significance that family members may attach to relatively insignificant possessions can easily lead to huge disputes in the settling of an estate. An article by Margaret McCaffrey in the December 8th New York Times deals with this subject in humanistic rather than legalistic terms. Nevertheless, Ms McCaffrey's suggestions on how to anticipate and defuse the conflicts that can arise when adult children battle over the same item of jewelry or furniture can have a positive effect not only on the way in which family members treat each other after losing a parent or grandparent but also can reduce the chances that arguments over possessions may lead to more serious and more expensive legal conflicts.

My colleague in Florida, Juan Antunez (The Florida Probate Litigation Blog), has been reporting on a feud which has erupted following the death of Rosa Parks . Juan cites The Wall Street Journal story on November 16 which details a dispute between relatives of the civil rights pioneer and those who were handling her business affairs prior to her death.

The legal representatives named in her will have been sued by her nephew , William McCauley who has filed a petition to contest the will and to be named as his aunt's legal representative . McCauley claims that Ms. Parks lacked the mental capacity to make a will and was subject to undue influence when it was executed.

Thanks to professor of law Gerry W. Beyer's Wills,Trusts and Estates Prof Blog, I read a very interesting article originally published this past week in The Hill by Elana Schor which provides an in-depth explanation of just what Senator Frist has done (and may have been intending to accomplish) with the use of Generation Skipping Trusts (GSTs) and blind trusts to manage his holdings in his family's huge Health Corporation of America stock. Not only does Ms Schor give us a good overview of the way in which these trusts operate and the laws that enable them, but also gives political junkies like me a new perceptive on just what may be happening in the insider trading investigation currently unfolding in Washington.

By a 3-2 majority, New York's Appellate Division, Second Department has stated that same-sex partners cannot pursue an action for wrongful death in New York. Langan v. St. Vincent's Hospital, 2003-04702 was originally commenced by the survivor of a same-sex couple whose partner died after undergoing surgery for injuries suffered after having been struck by an automobile. The couple had earlier entered into a civil union in Vermont where such agreements are legal and binding.

New York State's Court of Appeals has upheld the determination of the state's Commission on Judicial Conduct that Kings County (Brooklyn) Surrogate Michael Feinberg be removed from office. This decision was handed down on June 29, 2005.