Secondary Sources
Where to Begin
The first thing to do before begging any research is to think of a list of terms to search that may result in the information you are looking for. The first group of terms to search would be "administration," "death," "decedent," or "estate." This is an important step because it will help narrow down a large area of law. These terms will yield basic results which can act as a spring board to additional terms and information. The term which will be utilized for the search is "decedents' estates."
After developing a a list of terms to start from, the next step is to look in secondary sources. This is an important place to start because these sources offer general overviews of different areas of law. While these sources would not be the most authoritative sources, they do offer benefits on an area of law that other primary sources may not. There are many research services offered to the legal community to perform this important task. The two main sources, electronic and the Gould Law Library, are the sources this guide will focus on.
After developing a a list of terms to start from, the next step is to look in secondary sources. This is an important place to start because these sources offer general overviews of different areas of law. While these sources would not be the most authoritative sources, they do offer benefits on an area of law that other primary sources may not. There are many research services offered to the legal community to perform this important task. The two main sources, electronic and the Gould Law Library, are the sources this guide will focus on.
Benefits of Secondary Sources
There are many benefits that secondary sources have to offer. The following are a few of the most important benefits:
- Allow you to familiarize yourself with an area of law which you are otherwise unfamiliar with.
- Gives you important background which can give you a sense to why an issue is decided that way.
- Provide important cross references to important primary sources.
Legal Encyclopedias
Legal Encyclopedias are a good place to start your research. They provide general reference to an area of law. They are updated with information to keep them current. The two prominent legal encyclopedias in New York are New York Jurisprudence 2d and Carmody-Wait 2d.
Gould Law Library
New York Jurisprudence 2d
The book is located under the call number KFN5065 .N48. The most effective way to utilize this resource is to look for the search terms in the index. The terms will direct you to which volume number contains the relevant information.
Carmody-Wait 2d
Carmody-Wait can be located under the call number KFN5995 .C342. Follow the same method of looking up a search term in index and locating the correspondent volume.
Electronic Sources
Westlaw Classic
To begin a search on Westlaw Classic proceed to the website: www.westlaw.com.
WestlawNext
To begin a search on WestlawNext proceed to the website.
LexisNexis
To begin the search on the original Lexis go to: www.lexisnexis.com.
To begin the search on the Lexis Advance go to: www.lexisnexis.com.
If you wanted to run a search under Carmody-Wait, you would utilize the same method for locating New York Jurisprudence. The major difference is only WestLaw offers Carmody-Wait. The advantage of Carmody-Wait is that it offers a practicing attorney forms for drafting similar documents.
Gould Law Library
New York Jurisprudence 2d
The book is located under the call number KFN5065 .N48. The most effective way to utilize this resource is to look for the search terms in the index. The terms will direct you to which volume number contains the relevant information.
Carmody-Wait 2d
Carmody-Wait can be located under the call number KFN5995 .C342. Follow the same method of looking up a search term in index and locating the correspondent volume.
Electronic Sources
Westlaw Classic
To begin a search on Westlaw Classic proceed to the website: www.westlaw.com.
- Select the link for directory.
- U.S. State Materials -> New York.
- Select New York Jurisprudence 2d.
- Enter search term "decedent" and "estate" in the search box under natural language.
WestlawNext
To begin a search on WestlawNext proceed to the website.
- Select Secondary Sources.
- Followed by New York.
- Under "Texts and Treatises" is a link for New York Jurisprudence.
- Click on the Link for "Decedent's Estates."
LexisNexis
To begin the search on the original Lexis go to: www.lexisnexis.com.
- Select the "Legal Tab."
- Select "States Legal -U.S." -> "New York."
- "Search Analysis & CLE Materials" and select "New York Jurisprudence."
- You can either select "Decedents' Estates" of enter the term in the search box.
To begin the search on the Lexis Advance go to: www.lexisnexis.com.
- On the tab for content type select "Secondary Sources."
- On the tab for jurisdiction select "New York."
- Enter your search term.
- Select "Secondary Sources" and on the left side of the page "New York Jurisprudence" appears under "Source."
If you wanted to run a search under Carmody-Wait, you would utilize the same method for locating New York Jurisprudence. The major difference is only WestLaw offers Carmody-Wait. The advantage of Carmody-Wait is that it offers a practicing attorney forms for drafting similar documents.
Treatises
A Treatise generally focuses on a particular area of the law. It explores a topic deeper than the general treatment of a Legal Encyclopedia, Just like encyclopedias it provides a cross-reference to primary resources. Some of the treatises that focus on decedents' estates are Harris 5th Edition New York Estates: Estate Planning & Taxation, Harris New York Estates: Probate Administration and
Litigation, Elder Law & Guardianship in New York, and New York Elder Law Handbook. Lexis offers sources that differ from WestLaw.
Finding Harris New York Estates: Probate Administration and Litigation on WestLaw Next:
Gould Law Library
The call number for Harris New York Estates: Probate Administration and Litigation is KFN5205 .H332.
Finding Harris New York Estates: Probate Administration and Litigation on WestLaw Next:
- From the WestLaw Next home screen select "Secondary Sources."
- Select "New York."
- Under "Text & Treatises" select "New York Texts & Treatises."
- You will see a list of Treatises where you will be able to select "Harris 5th Edition New York Estates: Estate Planning & Taxation" and perform a search of the entire text.
Gould Law Library
The call number for Harris New York Estates: Probate Administration and Litigation is KFN5205 .H332.
Bar Associations and Continuing Legal Education
The New York State Bar Association offers many resources for the practicing attorney. One benefit of the services offered is Continuing Legal Education which is often taught by practicing professionals. These classes provide information and practice tips on recent developments in areas of law. In addition, they provide other resources to familiarize a practitioner with information.
The Bar Association offers forms for purchase in particular areas of the law including administration. On the left side of the State Bar Association website is a link to "Publications/Forms." Under this section there is an option for "Downloadable Forms." Clicking on this link will produce a list of areas; one of the areas is "Probate and Administration of Decedent's Estates Forms."
The Bar Association also provides the practitioner with committee information. There is a Estate and Trust Administration committee. The committee chairperson is
Natalia Murphy, Esq.
Day Pitney LLP
New York, NY
[email protected]
The Bar Association offers forms for purchase in particular areas of the law including administration. On the left side of the State Bar Association website is a link to "Publications/Forms." Under this section there is an option for "Downloadable Forms." Clicking on this link will produce a list of areas; one of the areas is "Probate and Administration of Decedent's Estates Forms."
The Bar Association also provides the practitioner with committee information. There is a Estate and Trust Administration committee. The committee chairperson is
Natalia Murphy, Esq.
Day Pitney LLP
New York, NY
[email protected]
Additional Secondary Sources to Help the Practicing Attorney
Free Forms
The New York State Unified Court System website offers free forms in many practice areas. These forms can be utilized as a guide to draft submissions to the court. The website offers forms on administration. These forms can be located at: http://www.courts.state.ny.us/forms/surrogates/administration.shtml.
Forms Through WestLaw and Lexis
Both services provide forms for the practitioner to utilize. Matthew Bender, a Lexis exclusive form, is a form that a majority of practicing attorneys use. Matthew Bender also provides a drafting database of forms. One of their packages includes administration. These forms provide information on the process and relevant law while the attorney drafts the document.
Other Helpful Links and Resources
New York Court help offers a program to help a litigant prepare a Small Estate Affidavit. A small estate is anything under $30,000.00. The process is simplified when compared to an administration or probate proceeding.
The New York State Unified Court System website offers free forms in many practice areas. These forms can be utilized as a guide to draft submissions to the court. The website offers forms on administration. These forms can be located at: http://www.courts.state.ny.us/forms/surrogates/administration.shtml.
Forms Through WestLaw and Lexis
Both services provide forms for the practitioner to utilize. Matthew Bender, a Lexis exclusive form, is a form that a majority of practicing attorneys use. Matthew Bender also provides a drafting database of forms. One of their packages includes administration. These forms provide information on the process and relevant law while the attorney drafts the document.
Other Helpful Links and Resources
New York Court help offers a program to help a litigant prepare a Small Estate Affidavit. A small estate is anything under $30,000.00. The process is simplified when compared to an administration or probate proceeding.