Bay Ridge Lawyers Association gains insights on contested probate proceedings

February 13, 2024 Robert Abruzzese, Courthouse Editor

BRLA President Adam Kalish welcomed Diane Matero, a court attorney-referee in the Kings County Surrogate’s Court for a discussion on contested probate proceedings.
Photos: Mario Belluomo/Brooklyn Eagle

Full slideshow below

At the recent Continuing Legal Education (CLE) meeting of the Bay Ridge Lawyers Association (BRLA), held at Mama Rao’s in Dyker Heights on Jan. 30, members were treated to an enlightening presentation by Diane Matero, a court attorney-referee to Surrogate Court Judge Rosemarie Montalbano.

Matero, who has an extensive background in trusts and estates law and has served in various capacities including counsel to the Queens County Clerk, shared her expertise on “Contested Probate Proceedings — Tips for Preparing from the Court’s Perspective.”

Matero’s speech delved into the intricacies of probate proceedings, focusing on the critical aspects of 1404 Examinations, the impact of in terrorem clauses, and the procedural nuances of filing objections in contested will cases.

She emphasized the importance of understanding the procedural limits, such as the 3/2 Rule governing the timeframe for 1404 examinations, and underscored the one-time opportunity to examine attesting witnesses, highlighting the strategic implications for legal practitioners.

The presentation also covered the financial responsibilities associated with conducting these examinations and the strategic use of preliminary letters testamentary for managing estates during litigation. Matero provided guidance on the procedural steps for filing objections, the significance of making timely jury demands to preserve the right to a jury trial and the procedural pathways for late objections.

In addition to procedural advice, Matero stressed the value of discovery conferences to streamline the litigation process and ensure timely progression of cases. She also touched upon the post-objection phase, including the issuance of 1411 citations to protect the interests of all parties involved and the utilization of discovery devices under CPLR Article 31.

The BRLA members left the meeting equipped with actionable tips and a deeper understanding of the nuanced strategies essential for effectively representing clients in contested probate proceedings.