Learn what type of situation fits a pre-answer motion to dismiss.
In lieu of simply filing an objection to the probate of a will, the potential objector to a will has the option in certain jurisdictions to file a pre-answer motion to dismiss. To succeed on such a motion, a movant typically must show that the probate petition is invalid on its face and that the will cannot be admitted to probate as a matter of law. This video reviews how the court resolves such a motion.
Agenda
Faculty
Steven H. Holinstat
Proskauer Rose LLP
- Co-Head of Proskauer Rose LLP’s Fiduciary Litigation Group
- Proskauer has received Tier One Rankings for Trusts & Estates Litigation by U.S. News Rankings
- Has a broad and diverse background in all aspects of high-stakes commercial litigation
- One of the firm’s principal fiduciary litigators and is the lead litigator in a number of high-net-worth trust and estate matters and has developed a reputation for being adept at intervening and resolving challenging interfamily disputes before they escalate into full-blown litigation
- Aggressive and experienced trial lawyer; he has handled cases before federal and state courts around the country and numerous arbitrations before JAMS, the American Arbitration Association, the Financial Industry Regulatory Authority (formerly the National Association of Securities Dealers, or NASD), and the International Chamber of Commerce
- Published articles and lectured domestically and internationally on topics in the field of fiduciary litigation
- Fellow of ACTEC (the American College of Trust and Estate Counsel)
- Member of the Surrogate’s Court Committee of the NYS Bar Association and the Litigation Committee of the NYC Bar Association
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