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Research Guide on Wills: With Special Emphasis on New York: NY TREATISES

This Research guide will discuss the laws of wills and decedent's estates in New York and also contain a general discussion on the laws of wills and the Uniform Probate Code.

TREATISES

Bloom on New York Wills.  KFN5201 .B56(2005). This is a looseleaf book and is a collection of cases and commentaries on New York law which governs wills (E.P.T.L. and S.C.P.A.) and includes an index.

New York Civil Practice. Joseph A. Cox, Joseph T. Arenson, and Standish F. Medina. Matthew  KFN5205 .C69. This 6 volume work examines and explains the Surrogate’s Court and Procedure Act (S.C.P.A.) It contains a comprehensive analysis of the statute, court rules and case law and is intended for the practicing attorney or law student. Each volume has a table of contents and volume 1 contains the table of contents for the entire collection. The index is in volume 6 along with a table of cases and a table of statutes. This can be searched on Lexis under the file name SCPA or by following the path: Area of Law-By Topic>Estates, Gifts & Trusts>Search Analysis, Law Reviews & Journals>by State>New York>New York Civil Practice: SCPA>.

New York Civil Practice.  R. Mark Davis, and Patrick J. Rohan. KFN5200 .R63. This is a synopsis of New York Law and is arranged by E.P.T.L. section and covers the substantive laws of wills. It contains examples, derivation of the law, cases and statutory cross references and legislative histories. The index and tables appear at the end of volume 7. This can be searched on Lexis under the file name EPTL.

New York Estate Administration.  Margaret Valentine Turano and Raymond C. Radigan. KFN5210 .T87.  This is a hornbook for the law student and the practitioner and has an emphasis on substantive and procedural law of estate administration in New York. It contains a table of cases, a table of statutes, and an index. It can be searched on Lexis (NYESTA) or by following the path: Area of Law-By Topic/Estates, Gifts & Trusts>Search Analysis, Law Reviews & Journals>By State>New York>New York Estate Administration>.

Probate and Administration of Decedents' Estates. Jessica R. Amelar, Esq., and Arlene Harris, Esq.  KFN5210 .A75 A35.   This is a monograph and is intended for the practicing attorney who will represent a client in a probate or administration proceeding. It does not cover federal or state estate taxation.

 

Warren's Heaton on Surrogate’s Court Practice.   KFN5205 .H47. This multi-volume work is designed for the researcher student and the practitioner and it summarizes the E.P.T.L., S.C.P.A. and the C.P.L.R. and how they work together. It gives in-depth analysis of post mortem estate administration and includes coverage of substantive and procedural issues arising in the Surrogate’s Court. Topics include: jurisdiction, probate, intestacy, appointment of representatives and guardians, administration of real and personal property, distribution, accounting, commissions, attorney’s fees, appeals, actions involving fiduciaries and Federal and New York Estate Tax. This is also available on Lexis under the file name HEATON, or by following <legal>area of law>Estates,Gifts & Trusts>Search Analysis, Law Reviews & Journals.By State>New York>Warren Heaton on Surrogates Court Practice>.