Gail M. Boggio

McCarthy Fingar’s New York Metro Top Women Super Lawyers

Four of McCarthy Fingar’s lawyers are included in Super Lawyers’ listing of  New York Metro Top Women for 2023. Susan Taxin Baer, in Estate Planning & Probate; Gail M. Boggio, in Estates Trust Litigation; Kristen Mackay Pennessi, in Family Law; and Irma K. Nimetz in Estates Trust Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

McCarthy Fingar’s “Super Lawyers”

Six of McCarthy Fingar’s lawyers have been selected Super Lawyers in the New York Metropolitan area. Susan Taxin Baer has again been selected in the fields of Estate Planning & Probate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Michael S. Kutzin has again been selected in the fields of Estate Planning & Probate, Estate & Trust Litigation and Elder Law. Kristen Mackay Pennessi has been selected in the field of Family Law. Irma K. Nimetz has been selected in the fields of Estate & Trust Litigation, Estate Planning & Probate, and General Litigation. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

McCarthy Fingar’s “Super Lawyers”

Four of McCarthy Fingar’s lawyers have been selected Super Lawyers in the New York Metropolitan area. Susan Taxin Baer has again been selected in the fields of Estate Planning & Probate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Michael S. Kutzin has again been selected in the fields of Estate Planning & Probate, Estate & Trust Litigation and Elder Law. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

Boggio, Bramson & Kutzin Named in List of Westchester’s Top Lawyers

McCarthy Fingar is pleased to announce that Westchester Magazine has named Gail M. Boggio, Howell Bramson and Michael S. Kutzin to its list of Top Lawyers in Westchester. Each year Westchester Magazine publishes its list of Westchester’s Leading Lawyers, excerpted from BL Rankings LLC list of Best Lawyers in America, the preeminent referral guide to the legal profession in the United States.

McCarthy Fingar’s “Super Lawyers”

Six of McCarthy Fingar’s lawyers have been selected Super Lawyers in the New York Metropolitan area. Susan Taxin Baer has again been selected in the fields of Estate Planning & Probate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Michael S. Kutzin has again been selected in the fields of Estate Planning & Probate, Estate & Trust Litigation and Elder Law. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

McCarthy Fingar’s “Super Lawyers”

Six of McCarthy Fingar’s lawyers have been selected Super Lawyers in the New York Metropolitan area. Susan Taxin Baer has again been selected in the fields of Estate Planning & Probate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law.  Michael S. Kutzin has again been selected in the fields of Estate Planning & Probate, Estate & Trust Litigation and Elder Law. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

McCarthy Fingar’s “Super Lawyers”

Six of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Kathleen Donelli has again been selected in the field of Family Law. Dolores Gebhardt has again been selected in the field of Family Law. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate, and has again been selected for the Top 25 in Westchester County for Super Lawyers. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

Boggio & Bramson Named in List of Westchester’s Top Lawyers

McCarthy Fingar is pleased to announce that 914INC. has named Gail M. Boggio and Howell Bramson to their list of 91 Top Lawyers in Westchester. Each year 914INC. publishes their list of Westchester’s Leading Lawyers, excerpted from BL Rankings LLC list of Best Lawyers in America, the preeminent referral guide to the legal profession in the United States. Gail was named in the area of Trusts and Estates Litigation, and Howell was named in the area of Tax Law.

Boggio Moderates CLE Program at Westchester Surrogate’s Court on Mediation

Gail M. Boggio, who co-chairs our Trusts & Estates and Surrogate’s Court Litigation groups, was the moderator of a program held at the Westchester Surrogate’s Court in White Plains, entitled, “Mediation in the Surrogate’s Court”. The program was co-sponsored by the Westchester County Surrogate’s Court and the Westchester County Bar Association‘s Trusts & Estates Section. The speakers at the program included Judge Brandon R. Sall, the Surrogate of Westchester County, various attorneys at the Surrogate’s Court and other attorneys in private practice.

Boggio Speaks on Estate Planning Issues

Gail M. Boggio, who co-chairs our Trusts & Estates and Surrogate’s Court Litigation groups, spoke at a program sponsored by Westchester County Bar Association‘s Trusts & Estates Section, entitled “Heckerling 2019 Review”.  This was a review of the January 2019 program given by the University of Miami School of Law, Heckerling Institute on Estate Planning. The Heckerling Institute on Estate Planning is the leading educational conference for estate planners. Heckerling offers practical guidance on today’s most important tax and non-tax planning issues, including the planning challenges and opportunities presented by the 2017 Tax Act and provides attendees the opportunity to expand their estate planning expertise. 

McCarthy Fingar’s “Super Lawyers”

Seven of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Kathleen Donelli has again been selected in the field of Family Law. Dolores Gebhardt has again been selected in the field of Family Law. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate. Kristen Mackay Pennessi has been selected as a Rising Star in the field of Family Law; Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

Boggio & Streng Speak on Estate Planning & Will Drafting

Gail M. Boggio, who co-chairs our Trusts & Estates and Surrogate’s Court Litigation groups, and Frank W. Streng, who co-chairs our Surrogate’s Court Litigation group, participated in a program in Mt. Kisco, New York, entitled “Estate Planning & Will Drafting” for the Trusts & Estates Law Section of the New York State Bar Association. Gail was the moderator for the program and spoke on Digital Assets in estate planning; Frank spoke on Ethical Considerations.

McCarthy Fingar’s “Super Lawyers”

Nine of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Dina M. Aversano has been selected in the areas of Estate & Trust Litigation, Commercial Litigation and Appellate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. James K. Landau has again been selected in the fields of Commercial Litigation and Appellate. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

“Super Lawyers” at McCarthy Fingar

Eight of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Dina M. Aversano has again been selected in the areas of Estate & Trust Litigation, Commercial Litigation and Appellate. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has again been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

Aversano, Boggio, Bramson, Brophy, Demouchet, Donelli, Gebhardt, Streng & Trokie Selected as Super Lawyers

Nine of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Frank W. Streng has again been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Douglas S. Trokie has been selected in the fields of Business/Corporate, Closely Held Business, Real Estate, Business and Civil Litigation. Preston C. Demouchet and Dina M. Aversano have been selected as Rising Stars: Preston, in the areas of Estate Planning & Probate; and Dina, in the areas of Estate & Trust Litigation, Commercial Litigation and Appellate.  Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

Boggio Elected Director of Westchester’s Estate Planning Council

Gail M. Boggio, who co-chairs our Trusts & Estates and Surrogate’s Court Litigation groups, was elected a director of the Estate Planning Council of Westchester County.

Boggio Speaks on Estate Planning with Revocable Trusts for WWBA

Gail M. Boggio, who co-chairs our Trusts & Estates and Surrogate’s Court Litigation groups, spoke on April 16, 2015 on “Estate Planning with the Revocable Trust” for the Westchester Women’s Bar Association (Trusts & Estates and New Lawyer Committees). 

Boggio Elected to Executive Committee of Trusts & Estates Law Section of NYSBA

Gail M. Boggio, who co-chairs our Trusts & Estates, Tax and Surrogate’s Court Litigation groups, was elected to the Executive Committee of the Trusts & Estates Law Section of the New York State Bar Association. Gail serves as Vice Chair of the Continuation Legal Education Committee.

Boggio, Bramson, Brophy, Donelli, Gebhardt, Miller & Streng Selected as Super Lawyers

Seven of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has again been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has again been selected in the fields of Appellate/Family Law. Frank W. Streng has been selected in the fields of Estate & Trust Litigation and Estate Planning & Probate. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

Boggio Lectures on Estate Planning & Family Wealth Transfers

Gail M. Boggio, a member of our Trusts & Estates and Tax groups, lectured on December 10, 2013 on “Estate Planning and Family Wealth Transfers” for the Richmond County Bar Association (Surrogate’s Court Committee).

Boggio, Bramson, Brophy, Donelli, Gebhardt & Miller Selected as Super Lawyers

Six of our lawyers have been selected Super Lawyers in the New York Metropolitan area. Gail M. Boggio has been selected in the fields of Estate & Trust Litigation/Estate Planning & Probate/Elder Law. Howell Bramson has again been selected in the fields of Estate Planning/Tax and Corporate Business. Joseph Brophy has again been selected in the fields of Personal Injury/Medical Malpractice, General, Estate & Trust Litigation. Kathleen Donelli has again been selected in the fields of Family Law/Collaborative Law/Appellate. Dolores Gebhardt has again been selected in the fields of Family Law/Collaborative Law/Appellate. Judge Sondra Miller has again been selected in the fields of Appellate/Family Law. Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have been recognized by their colleagues as having the highest degree of peer recognition and professional achievement.

Boggio Lectures on Litigation on Revocable Trusts

Gail M. Boggio, a member of our Surrogate’s Court Litigation group, lectured on “Revocable Trusts – The Will Substitute, Part II – Litigation” for the Westchester County Bar Association (Trusts & Estates Section). The program discussed issues and options in attacking or defending a revocable trust, such as standing, jurisdiction, venue and statutes of limitations. Click at Outline to see seminar outline.

Boggio Lectures on Estate Planning for Affluent Clients

Gail M. Boggio, a member of our Charitable Gift Planning, Taxation and Trusts & Estates groups, lectured on “Planning for the Affluent Client or the Changing Landscape” at the Annual Convention of the Women’s Bar Association for the State of New York in Philadelphia, Pennsylvania. Gail’s presentation discussed, among other topics, lifetime giving to reduce the New York estate tax; planning for retirement assets; the continuing value of the bypass trust; and the new portability rules. Click at Outline to see seminar outline.

Boggio Elected to Executive Commitee of WCBA’s Trusts & Estates Section

Gail M. Boggio, a member of our Charitable Gift Planning, Exempt Organizations, Surrogate’s Court Litigation, Taxation and Trusts & Estates groups, was elected to the Executive Committee of the Trusts & Estates Section of the Westchester County Bar Association on October 28, 2011.

Streng & Boggio Lecture on Property Turnover Proceedings in Surrogate’s Court

Frank W. Streng and Gail M. Boggio, both members of our Surrogate’s Court Litigation group, lectured in White Plains, New York on September 21, 2011 for the Westchester County Bar Association (Trusts & Estates Section) on “Everything you Wanted to Know about Property Turnover Proceedings in the Surrogate’s Court.” Frank was also the moderator for the program and the mock examination at the program. Click at examination to see Frank’s presentation and his “topical” examination, used for the mock examination. Click at nuts & bolts to see Gail’s outline for her presentation.

Boggio, Donelli & Gebhardt Elected Directors of Women’s Bar Association of State of New York

Gail M. Boggio, Kathleen Donelli and Dolores Gebhardt were elected and then sworn in as directors of the Women’s Bar Association of the State of New York.

Boggio Appointed as Court Examiner for Article 81 Guardianship Proceedings

Gail M. Boggio has been appointed as an Article 81 Court Examiner for Westchester County by Gail Prudenti, the Presiding Justice in the Appellate Division, Second Department. Prior to her appointment as Court Examiner, Gail, who is also a certified public accountant, satisfied various training and educational requirements established by Justice Prudenti. As Court Examiner, Gail’s duties include examining the reports of guardians to ascertain whether such guardians have timely filed reports and accountings as required by Article 81 of the Mental Hygiene Law.  As Court Examiner, Gail must also certify whether such guardians have satisfied their statutory duties and the provisions of the court order appointing them.

Boggio Elected Director of State Women’s Bar Association

Gail M. Boggio was elected as a Director of the Women’s Bar Association of the State of New York. Gail is a member of our Charitable Gift Planning, Exempt Organizations, Surrogate’s Court Litigation, Taxation and Trusts & Estates groups.

Boggio Lectures for NYSBA on Estate Administration Issues

Gail M. Boggio lectured on “Preparing for Estate Administration” and “Alternative Forms of Letters” as part of an all-day program in Mount Kisco, New York on October 23, 2008 entitled “Practical Skills: Probate and Adminstration of Estates” for the Trusts and Estates Law Section of the New York State Bar Association.

Boggio Elected President of Women’s Bar Associate of the State of New York

Gail M. Boggio was elected President of the Women’s Bar Association of the State of New York.

Boggio Lectures for WCBA on Surrogate Court Accountings

Gail M. Boggio lectured in White Plains, New York on November 13, 2007 for the Westchester County Bar Association (Trusts & Estates Section) on “Everything you Wanted to Know About Preparing Surrogate Court Accountings (but was afraid to ask)”. For lecture materials, click on Seminar Outline.

Boggio Elected President-Elect of the Women’s Bar Association of the State of New York

Gail M. Boggio was elected President-Elect of the Women’s Bar Association of the State of New York.

Boggio Named Partner of Firm

Gail M. Boggio has been named a partner of the firm. Gail will continue to practice in the areas of  Surrogate’s Court Litigation, Trusts and Estates, Charitable Gift Planning, Exempt Organizations and Taxation.

Boggio Lectures for WWBA on Probating Problem Wills

Gail M. Boggio lectured on November 28, 2006 on “Probating Problem Wills” in White Plains, New York, in a program co-sponsored by Westchester Women’s Bar Association and The Bank of New York Private Bank. For lecture materials, click on Seminar Outline.

Boggio Guest on Radio Show Talking About Medicaid and Other Planning

Gail M. Boggio was a guest on September 26, 2006 on the Rockland County talk show “Mortgage Matters”, broadcast on 1300 AM, WRCR. Gail discussed reverse mortgages in medicaid planning as well as basic estate planning issues.

Boggio Lectures for NYSBA on Uncontested Probate Proceedings

Gail M. Boggio lectured on Uncontested Probate Proceedings in Tarrytown, New York on May 18, 2006 for the Trusts and Estates Law Section of the New York State Bar Association as part of an all-day program entitled “Surrogate’s Court Proceedings”.

Boggio Elected Treasurer of Westchester Women’s Bar Association

Gail M. Boggio was elected Treasurer of the Westchester Women’s Bar Association.

Boggio Elected Secretary of Eastchester Bar Association

Gail M. Boggio was elected Secretary of the Eastchester Bar Association.

Boggio Appointed Co-Chair of New Lawyers Group of Westchester Women’s Bar Association

Gail M. Boggio was appointed co-chair of the New Lawyers Group of the Westchester Women’s Bar Association.

Revocable Trusts – The Will Substitute, Part II – Litigation

Planning for the Affluent Client or the Changing Landscape

Women’s Bar Association for the State of New York

Nuts & Bolts of SCPA 2103 Proceedings

Westchester County Bar Association (Trusts & Estates Section)

Everything you Wanted to Know About Preparing Surrogate Court Accountings (but was afraid to ask)

Westchester County Bar Association

Revocation of Wills

Co-Sponsored by Westchester Women's Bar Association and The Bank of New York Private Bank

Probating Problem Wills

Westchester Women's Bar Association and The Bank of New York Private Bank

Matter of Goldstein, Rockland County Surrogate’s Court (September 16, 2013, File No.: 2010-481/E)

Gail M. Boggio, Yvonne St. John

Often, controversies in families arise as to gifts allegedly made by a decedent during his or her lifetime. Such controversies frequently result in a property turnover proceeding in the Surrogate’s Court to deal with such alleged gifts. Here, McCarthy Fingar lawyers, Gail M. Boggio and Michelle L. Santoro, successfully opposed a summary judgment motion that sought dismissal of a property turnover proceeding brought by our client as Temporary Administrator of the decedent’s Estate and Co-Trustee of the decedent’s irrevocable trust. The turnover proceeding demanded that the Estate’s Executor/Co-Trustee, who was also an estate and trust beneficiary, turn over property belonging to the estate and trust. In addition to summary judgment, the Executor/Co-Trustee also sought to have our client’s interest in the decedent’s trust forfeited due to a claimed violation of its “no contest” clause, and to have our client personally pay the executor’s legal fees. The court denied the motion in its entirety because the Executor/Co-Trustee failed to meet her burden that she was entitled to summary judgment as a matter of law and that issues of fact exist that would preclude summary judgment. In a related matter, the court similarly denied the movant’s (the Executor/Co-Trustee) request to vacate a temporary restraining order whereby the movant is precluded from utilizing funds and encumbering property whose sources are from the purported gift, requesting that our client post an undertaking and sought to surcharge our client.

Matter of Hasbrouck, Orange County Surrogate’s Court (Decision dated November 7, 2011 – File No. 2010/460)

Gail M. Boggio

In will & trust contests, success or failure in a case often depends upon the facts uncovered through pre-trial discovery. Here, Katherine Sohr Jedlicka and Gail M. Boggio successfully opposed a dismissal of their client’s objections that were made to the probate of the decedent’s purported Will on the grounds of lack of due execution, undue influence, and fraud. The Court denied the other side’s motion for summary judgment, since the motion was made even before the completion of court-ordered discovery.

Matter of Sasso, unpublished decision of Westchester County Surrogate’s Court dtd. July 25, 2011 (File No. 2000-1938/E)

Gail M. Boggio

Litigation sometimes takes place when agreements are signed by clients and issues exist as to the enforceability and validity of such agreements. Here, Katherine Sohr Jedlicka and Gail M. Boggio successfully opposed a motion by the former attorney for an estate fiduciary and a cross motion by the estate fiduciary seeking, among other things, to dismiss objections to the fiduciary’s judicial accounting based on a Release and Discharge agreement signed by McCarthy Fingar’s client, who was not represented by a lawyer at the time the agreement was signed. The Surrogate’s Court denied the motions and set aside the agreement. The court ruled the movants had not proven that the objectant was given a copy of the fiduciary’s informal account on which the agreement was based, and that she was not given a sufficient amount of time to review the same. The court also denied the motion to dismiss on an alleged violation of the statute of limitations, finding the fiduciary had not openly repudiated her fiduciary duties. 

Matter of Zacharakis (Surr. Ct., Rockland County 3-12-2009)

Frank W. Streng, Gail M. Boggio

Business and real estate assets are often a source of controversy in estates and trusts. Here, control of shopping centers in Rockland County was in controversy. The fiduciary of the estate had maintained legal control and management of the corporations that owned the shopping centers by voting the estate’s shares in the corporations to continue that control. Representing a beneficiary desiring to end the fiduciary’s control over such shopping centers, Frank W. Streng and Gail M. Boggio successfully moved in Surrogate’s Court, Rockland County, to compel the distributions of shares of stock in the corporations in order to permit the majority of the beneficiaries (which included the firm’s client) to control the management of the shopping centers.

Matter of Goetz, 8 Misc. 3d 200 (Surr. Ct., Westchester 2005)

Gail M. Boggio

Will and Trust Contests comes in different forms. Here, the Surrogate’s Court faced the fairly novel issue of whether an attorney-in-fact could use the authority conferred on her in a power of attorney form to amend a trust created by another person to grant to herself a limited power of appointment over the trust remainder. Pursuant to the terms of the trust in question, the grantor reserved to himself the right to amend or revoke its terms during his lifetime. Representing a client that was adversely affected by the trust amendment, Gail M. Boggio and Robert M. Redis successfully argued that the attorney-in-fact had no authority to make the trust amendment and that the trust amendment was invalid. The Surrogate held, among other things, that although the terms of the subject trust gave the grantor himself the right to revoke the trust or amend its terms, it did not confer the same authority upon the grantor’s agent or upon any other person.