Nimetz & Streng Speak on “Ethical Issues: How to Avoid Becoming a Target in Will and Trust Contests”
Irma K. Nimetz and Frank W. Streng, both members of our Appellate Practice, Surrogate’s Court Litigation and Trusts & Estates groups, will speak at the Spring Section Meeting for the Trusts & Estates Law Section of the New York State Bar Association on “Ethical Issues: How to Avoid Becoming a Target in Will and Trust Contests”.
Irma K. Nimetz, a member of our Appellate Practice, Commercial Litigation, Surrogate’s Court Litigation and Trusts & Estates groups, spoke on “How To Contest A Will Or Trust And How To Prevent Your Family From Contesting Yours” for Senior Law Day Collaborative. Senior Law Day Collaborative offers free legal and financial advice for Westchester County seniors and their families.
Kutzin Wins Appeal on Guardianship Matter Involving Efforts to Reduce a Personal Needs Guardian’s Powers and to Reinstate a Health Care Proxy
Lawyers at McCarthy Fingar are often sought out by courts or other attorneys to handle the most difficult guardianship cases. In Matter of AMH, 2022 N.Y. Slip Op. 00968 (1st Dep’t 2022), Michael S. Kutzin, a partner of the firm whose areas of concentration include guardianship and trusts & estates, was appointed as litigation counsel by the lower court to spearhead AMH’s efforts to reduce her Personal Needs Guardian’s powers and to reinstate the health care proxy that AMH had given in 2015 to her daughter (a physician). The disgruntled son of nonagenarian AMH, who had not seen his mother for more than 4 years, opposed the relief sought by Mr. Kutzin. After multiple motions and a four-day hearing, Mr. Kutzin and his co-counsel obtained the requested relief for AMH; and the lower court denied everything requested by the son. The son’s litigious efforts continued in the Appellate Division, First Department, where he filed three separate appeals and multiple motions, but to no avail. Mr. Kutzin, leading the efforts in the Appellate Division, persuaded the Appellate Division to uphold the lower court’s decision.
We are pleased to announce that Irma K. Nimetz has been elected as a new partner of the firm. Irma, who has wide experience in litigation in trusts and estates and other matters, is a member of our Appellate Practice, Commercial Litigation, Surrogate’s Court Litigation and Trusts & Estates groups.
We are pleased to announce that Joshua B. Subin has joined our firm as counsel. Joshua is a former Assistant Town Attorney with the Town of Cortlandt and is a member of our Municipal Law & Land Use and Commercial Litigation groups. Joshua practices in the areas of New York municipal law, zoning, planning, litigation and environmental law. He counsels municipal entities in Westchester County, including Boards of Trustees, Planning Boards, Zoning Boards of Appeal. Joshua also represents private clients on zoning and planning approvals on real estate development throughout Westchester, Putnam and Rockland Counties. He is also a respected commercial litigator and represents private clients in litigation matters, including, but not limited to, commercial, contract, land use and zoning and real property disputes.
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.
Michael S. Kutzin, a member of various practice groups, including our Guardianship Practice, Taxation and Trusts & Estates groups, spoke on “Remote Notarization and Witnessing: Update on Legislation and Best Practices”, at a program sponsored by the Elder Law & Special Needs Section of the New York State Bar Association.
Judge Edward P. Borrelli, a member of our Guardianship Practice, Trusts & Estates, Matrimonial & Family Law, Appellate Practice and Mediation & Arbitration Practice groups, served on a panel that taped the 2021/2022 Judicial Campaign Ethics Seminar for the NYS Judicial Institute. Completion of the seminar is mandated for all candidates for state judicial office.
Irma K. Nimetz, a member of our Appellate Practice, Commercial Litigation, Surrogate’s Court Litigation and Trusts & Estates groups, has been elected to the Board of Directors of the White Plains Bar Association.
Michael S. Kutzin, a member of various groups, including our Guardianship Practice, Taxation and Trusts & Estates groups, spoke on “Preparing for the End – Wills, Estate Planning, and Understanding the Process (Probate and Administration)” at the 33rd Annual Elder Law Institute of the Practising Law Institute.