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Courses/Law/Litigation

Navigating Compromise Papers in Surrogate's Court

Learn the critical steps for proper settlement allocation, distribution, and court approval in wrongful death cases.

Created byNYS Academy of Trial Lawyers
BeginnerUpdated May 20, 2025
Navigating Compromise Papers in Surrogate's Court

What You'll Learn

check_circleUnderstand Surrogate's Court jurisdiction.
check_circleDistinguish PI and wrongful death funds.
check_circleAllocate settlement proceeds accurately.
check_circleIdentify necessary parties in court.
check_circleManage fiduciary and guardianship roles.
check_circleUnderstand court rules for legal fees.

About This Course

Navigating the complexities of filing the compromise papers in Surrogate’s Court can be daunting, but filing them correctly ensures a smooth resolution for all parties involved. This CLE will provide a step-by-step guide on preparing and submitting compromise petitions, addressing common pitfalls, and ensuring court approval.

Topics List:

  • Navigating concurrent jurisdiction issues between Supreme Court and Surrogate's Court.
  • Identifying all necessary parties to the compromise proceeding.
  • Preparing the required documentation, including petitions, attorney affidavits, and accountings.
  • Understanding the differences in allocating personal injury and wrongful death recoveries.
  • Applying the Kaiser formula and considering deviations based on pecuniary loss.
  • Addressing the appointment and role of guardians ad litem and guardians of property for minors and incapacitated persons.
  • Reviewing the Surrogate's Court rules regarding the setting of legal fees and commissions.
  • Handling complex scenarios, such as settlements involving multiple actions or specific funds like the VCF.

Your Instructors

NYS Academy of Trial Lawyers
NYS Academy of Trial Lawyers
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The NYS Academy of Trial Lawyers is the largest statewide trial bar in the US with 5,700+ lawyer and judge members. We are committed to protecting, preserving and enhancing the civil justice system. Our highly acclaimed CLE programming features extraordinary presenters covering the most timely and important topics.

Paul Allen Duffy, Esq.
Paul Allen Duffy, Esq.

Court Attorney Referee in Surrogate's Court, Richmond County

Paul is a Court Attorney Referee in Surrogate's Court, Richmond County and is the President of the Surrogate's Court Law Association for the State of New York. Previously, Paul served as the 13th District Representative of the NYS Bar Association, Trusts and Estates Committee. Paul started his career in Surrogate's Court as a Law Secretary to the Honorable Robert J. Gigante. He now serves as a Court Attorney Referee for Surrogate Matthew J. Titone. Prior to his time in the courts, Paul served as counsel to Assemblyman Matthew J. Titone in the New York State Legislature and was the Richmond County Representative for the Executive Chamber of the State of New York during the term of Governor Andrew M. Cuomo. He lives in Cranford, NJ with his wife and two children. He is admitted to practice in the Second Department of NYS and in New Jersey.

Joshua  Dubs, Esq.
Joshua Dubs, Esq.

Associate Court Attorney in Erie County Surrogate's Court

Josh is a Court Attorney in Erie County Surrogate's Court. He received his bachelor's degree from Union College in Schenectady, and then his J.D. from the University at Buffalo Law School. Following law school, he hung out a shingle and was in private practice until joining the Surrogate's Court in 2023. While in private practice, he was recognized several times for his pro bono work, including the NYSBA's President's Pro Bono Service Award. Josh lives in Niagara County with his wife, two kids, and their cat. In his spare time, he is a certified football official, refereeing high school football games all over Western New York, and is a five-time National Novel Writing Month winner. He currently serves on the Board of Directors for the Bar Association of Erie County and is an adjunct professor at the University at Buffalo.

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We are a registered provider with 327+ associations and regulatory bodies worldwide. We operate across 29 global markets including Canada, the US, Australia, and the UK. Every course page clearly displays its specific accreditations. Upon completion, you receive a professional certificate that can be validated online. Our certificates include all necessary accreditation details, credit hours, and completion dates, and are formatted specifically to meet the submission requirements of most global regulatory bodies.

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