Patricia Marcin answers questions about trusts, estates, wills and succession planning.

What is probate, and how long does it take?

Probate is a process in which the court determines if the will is valid and appoints the executor, who can then take control of the decedent’s assets. How long probate will take depends upon the

Second Circuit Holds Insured’s Admission Of Responsibility For Defective Work Violated Policy Condition

Tindall Corporation, a designer and manufacturer of concrete structures, sought coverage under a Berkley Assurance Company professional liability policy for costs it incurred to correct defective concrete beams Tindall designed for a contractor. As a condition precedent to coverage, the policy

The U.S. District Court for the Central District of California recently issued a decision in Aviator Nation, Inc., v. Fireman’s Fund Ins. Co. underscoring the interplay between intellectual property law and insurance coverage law by applying the prior publication exclusion to bar coverage for infringement claims.

As background, Adidas and Aviator Nation were ensconced in

Last month, in A.R. Wilfley & Sons Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA, the Colorado Supreme Court held that an umbrella insurer did not drop down to defend and indemnify against numerous asbestos bodily injury lawsuits in place of an insolvent primary insurer.

When the last of the policyholder’s solvent primary

Courts have been active over the past month deciding insurance issues.

The Arizona Supreme Court for the first time defines “fortuity,” while the Colorado Supreme Court instructs on insolvency “drop down.”

The Eighth Circuit considers a time element pollution exclusions and whether prejudice plays any role.

An Oregon federal court finds an exclusion for “infectious

One shipment or 12 may sound like a logistical detail. Legally, it makes a meaningful difference.  For buyers and sellers of goods, it is critical to determine whether a purchase contract calls for a single delivery or delivery in installments. That distinction can have significant consequences if a problem arises with the quality of the

When a loved one dies, families understandably focus first on funeral arrangements, bank accounts, insurance, taxes and the many immediate tasks that follow. Reward points from credit cards, airlines and hotels may not come to mind right away. Yet those accounts can hold meaningful value.

Reward points usually do not pass like money

As of August 5, 2026, eligible terminally ill New Yorkers can request medical aid to die under New York’s Medical Aid in Dying Act (MAID). Under MAID, a qualified terminally ill patient may request from his or her physician prescription medicine to give to themselves either at home or in a healthcare facility, but the

Earlier this month, an owner of Brooklyn-based Happy Family Social Adult Day Care Center, Inc., Family Social Adult Day Care Center, Inc. and Responsible Care Staffing, Inc., a home health care fiscal intermediary operating under the Consumer Directed Personal Assistance Program (CDPAP), pleaded guilty to defrauding Medicaid of approximately $65 million for social adult

The New York State Department of Health (DOH) recently issued Dear Administrator Letter DRS 26-05 announcing the release of an updated Nursing Home Incident Reporting Manual. Nursing home operators should review the updated manual to confirm that their incident reporting policies, investigation practices, documentation tools, escalation protocols, and staff training reflect current DOH expectations.

The

First Department Holds Pollution Exclusion Precludes Coverage For Remediation Of Environmental Contamination

A mining company, Vale Canada Limited, faced potential liability for environmental contamination allegedly resulting from its operations at various sites. Vale sought coverage from its insurers, North River Insurance Company and United States Fire Insurance Company, and litigation ensued. On summary judgment, the

In August, Assistant Attorney General Colin McDonald issued a memorandum (the “Memo”) announcing the enforcement priorities of the National Fraud Enforcement Division (also known as NFED), which the U.S. Justice Department (DOJ) established in April of this year.[1]

McDonald noted that NFED “has quickly established a nationwide footprint” since launching in April and that DOJ

In this month’s update, we offer a mix of procedural and coverage issues of interest to insurance litigants.

We begin with a procedural issue. The California Supreme Court decides whether policyholders must exhaust their underlying insurance before they can bring a declaratory judgment action against their insurers.

Next, we compare cases from Illinois and Ohio

For years, people with terminal illnesses had no choice but to live out their remaining time, with no hope of recovery and often in severe pain. While 13 states and territories have statutes permitting aid in dying, New York lacked such a measure. That all changed last month.

As of Aug. 5, terminally

There is an estate planning technique that allows you to gift your personal residence to your kids while still getting to live there. A qualified personal residence trust (a/k/a a house trust) permits you to transfer your residence to the trust and retain the right to live there for a certain number of years rent-free,