nyestatelitigationblog.com - New York Trusts & Estates Litigation | Estate Planning and Probate Lawyers | Farrell Fritz Law Firm

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Description: New York Trusts & Estates Litigation is written by the Farrell Fritz Trusts and Estates Lawyers and offers updates on estate law

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A discovery proceeding pursuant to SCPA 2103 may be commenced by any legal representative of the estate, including a preliminary executor or a temporary administrator. An estate fiduciary has a duty to collect and preserve estate assets for the benefit of the beneficiaries of an estate.  To this extent, when the fiduciary knows, or has reason to believe that assets of the estate have been misappropriated, or that someone has information about, or has a disputed claim to estate assets, a 2103 proceeding shou

A SCPA 2103 proceeding has two phases.  The first phase is the inquisitorial phase, which is the discovery portion of the proceeding.  In essence the fiduciary is asking the Court for permission to examine, under oath, an individual, for the purposes of determining whether or not that individual has information relating to the existence or whereabouts of estate assets. If the court finds reasonable grounds for the examination, it will order that a respondent, or respondents, appear and subject themselves to

SCPA 2103 provides that a fiduciary may present to the court:

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