Yearly Archives: 2015

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Superintendent Ken Bossert. Photo by Eric Santiago

By Eric Santiago

Port Jefferson’s school board took a firm stance Tuesday night against the direction in which New York State is moving public education.

In a statement approved at its meeting this week, the board highlighted three of the most controversial pieces of the educational reform agenda: the Common Core Learning Standards, standardized state tests linked to the new curriculum and teacher evaluations that rely on student performance on the former two. They join a growing mass of politicians, teachers and parents who, with a new school year winding up, are renewing a call for the Common Core to be revised or removed.

While the board called the Common Core “a significant step forward in providing a sound curriculum for our students,” the members spoke against what they perceived as a poor job by the state in implementing the more stringent standards, which were launched in New York classrooms a few years ago.

The backbone of the program is a series of standardized tests that track student progress. That data is then used as a component in teachers’ and principals’ annual evaluations. For those reasons, parents and educators have referred to the exams as “high-stakes” tests.

According to the board, it “forces teachers to spend the greatest percentage of instruction time on tested areas” while neglecting other important topics. For example, Common Core emphasizes English and math learning and as a result, the board said, teachers have spent less time on subjects like social studies and science.

The tests have also faced criticism because many parents and educators say they are not properly aligned to the curriculum, and thus include material students would not have learned.

The opposition to the tests has launched an anti-testing movement over the last two years in which parents have declined the tests for their kids, calling it “opting out.” In the last state testing cycle, Port Jefferson saw half of its third- through eighth-graders opt out of the standardized English and math exams.

This hasn’t been lost on state officials.

Last week Gov. Andrew Cuomo (D) announced he would assemble a group of experts, parents and educators to review the Common Core program, saying that he believes the system contains problems.

“The current Common Core program in New York is not working and must be fixed,” he said in a press release.

Cuomo said he will call upon the group to “provide recommendations in time for my State of the State Address in January.”

Some Eaton’s Neck residents have set their sights on terminating deer through bow hunting. Stock photo

Residents of Eaton’s Neck are still divided on how to deal with what they say is an overpopulation of deer in their community, and it looks like the Huntington Town Board hasn’t come to a decision on the matter either.

The board held a public hearing last month to consider allowing longbow hunting during hunting season on private proprieties on Eaton’s Neck and in unincorporated areas of Asharoken to anyone who has a hunting license issued by the New York State Department of Environmental Conservation. It brought out those in support of the proposal and some against the idea. In interviews this week, board members said they have not currently made up their minds on how to proceed with the issue.

Residents expressed concerns about the deer population at the July 14 board meeting.

“Our major concern is safety — traveling our roads at night is hazardous,” Ken Kraska, a resident of Eaton’s Neck said at the meeting then.

After that meeting, the board hosted a public hearing about the longbow hunting proposal, where nearly 30 people took to the podium to speak about the issue. While some residents were very supportive of bow hunting to reduce the population, others felt it was an inhumane way to deal with the issue.

Some are still divided on this idea.

Doug Whitcomb, an Eaton’s Neck resident and member of the Eaton Harbors Corporation board, said in a phone interview this week that he supports longbow hunting. He spoke at the public hearing last month on the issue.

“We are overrun with deer,” Whitcomb said. “They no longer run from you. I was personally challenged by one yesterday, and not even my 150-pound Great Dane scared the deer.”

Whitcomb said that many of his neighbors now have Lyme disease, and he doesn’t want to wait until a member of his family contracts it before something is done.

“We want the same quality of life as every other resident, and we’re being denied that,” he said.

According to the DEC, which manages the state’s deer hunting, the Long Island deer population has been steadily increasing since the 1980s. The DEC considers hunting, or culling deer, is the most cost-effective and efficient way to stabilize or reduce deer populations, while also alleviating associated damages to private property and natural resources.

Christine Ballow, an Eaton’s Neck resident, said she supports more humane ways to handle this issue. She said she didn’t feel longbow hunting was 100 percent effective.

“I’m hoping this doesn’t go through,” Ballow said in a phone interview.

Wendy Chamberlin, president of the Wildlife Preservation Coalition of Eastern Long Island, also shares the belief that bow hunting is a cruel and ineffective option.

“For sentient animals, that have thoughts and feelings, it is particularly cruel … it is a long, drawn-out, agonizing death,” she said in a previous interview.

Ballow supports hormonal sterilization of the male deer. “It’s a peaceful solution,” she said.

Joe DeRosa, an Eaton’s Neck resident, spoke at both board meetings, and is expecting a decision from the Town Board at the Sept. 16 meeting.

DeRosa is president of the Eaton Harbors Corporation, which conducted a survey of Eaton’s Neck residents. He said 85 percent of residents were found supporting some type of hunting to reduce deer numbers.

“The problem is getting worse by the day,” DeRosa said. “And we are running out of time. Hunting season starts soon. Our hope is that [the board] approves this idea.”

Suffolk County hunting season begins on Oct. 1 and ends on Jan. 31.

Town Board members this week either said they had no comment on the issue or that they had not come to a decision on the matter.

Town Supervisor Frank Petrone said he is “still weighing the testimony from the public hearing and the input from the public that has come in and may still come in before the board meeting,” according to an email from town spokesperson A.J. Carter.

Smithtown's Matt McDonnell gets his head on the ball during a game against Ward Melville. Photo by Desirée Keegan

The Bulls came out charging and are off to a good start after blanking Ward Melville 1-0 in a nonleague season opener for both teams Tuesday.

But Smithtown West head coach Tom Lips said he’d like to see more out of his team.

“We looked like it was preseason,” he said. “The kids were heavy and we’ve done a lot of fitness over the past week or so. But for what they had gone through physically with the bus trip and the heat wave and all of that, I thought they did a good job.”

Both teams started off trading possession for the first 20 minutes with neither team dominating before the referees called for a water break on account of the high heat index.

“We came in flat,” Ward Melville head coach Jon Stecker said. “Usually we come in and I’m worried about the young guys, but the young guys played well. I definitely need more leadership from my seniors. I think that’s where we had some problems today.”

Smithtown's Harrison Weber gets in front of a Ward Melville player as he reaches for possession. Photo by Desirée Keegan
Smithtown’s Harrison Weber gets in front of a Ward Melville player as he reaches for possession. Photo by Desirée Keegan

The game remained scoreless after the first half. And coming back onto the field more rejuvenated, Smithtown West senior forward Matt McDonnell stuffed the ball into the right goal side after a cross and rebound less than 15 minutes into play to give his team its first goal and, ultimately, the win.

Smithtown West came close to another goal at the 20:11 mark with a shot just above the goalkeeper’s head, but Ward Melville senior Peter Jespersen reached up toward the crossbar and just grazed the ball with his fingertips before pulling it down for the stop.

“I think we’ve been coming together well,” Stecker said. “We are young, but we still have high expectations for these guys. Today was disappointing, because we can play better than we did today.”

Ward Melville junior midfielder Jared Lee said he thinks his team didn’t play as good as it could, and said the Patriots have been coming together, but still have a long way to go.

“We were just too soft and we were scared of the ball,” he said. “We didn’t play well at all. We need to work on playing together and connecting everywhere on the field.”

For Stecker, he said he’d like to see his seniors step up.

“We need to work on communication a little bit and that’s one of the issues when you have a young team,” he said, with a starting lineup that boasts seven seniors and three sophomores. “The sophomores hesitate at times to communicate because other guys are significantly older than them, so we have to get past that. We also need to stick to our game plan, and our game is to put the ball on the ground and play. We got into their kick-and-run style, and they’re more physical than us and faster than us, so we can’t play to their strengths — we need to stay consistent and play to ours.”

The Bulls got one more chance with less than 10 minutes left to play with a quick shot toward Jespersen, but he was able to grab the ball and pull into his chest for his final save of the day.

“The matchup against Ward Melville was very physical, like usual, and we’re going to see that all season — we just have to work hard and keep our minds straight,” Smithtown West senior forward John Barone said. “We can always work harder. It’s just the beginning of the season; we need to work out the kinks.”

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Miller Place Superintendent Marianne Higuera. File photo

Miller Place school district is on its way to completing the bond project voted in March of 2014.

At the board of education meeting on Aug. 26, Superintendent Marianne F. Higuera said the projects are near 80 percent complete. The total projected cost for the bond projects was approximately $7.5 million, when first presented in March of 2014.

The board held multiple public meetings throughout 2013 and 2014 for residents to voice concerns and learn more about the planned updates and repairs.

Most of the projects are specific to certain schools, with one general project that will affect every school in the district.

A district-wide phone system is currently being installed, which will replace the current system that predates 1999. The projected cost is $501,500, and the instillation is expected to be completed by November.

At Miller Place High School, tennis courts have been completely repaired, as well as repairs to the baseball and softball fields. The track is 95 percent done to being fully replaced, and additional turf fields and stadium lighting is also at 95 percent completion.

The high school qualified for state aid on approximately $3 million of field and grounds projects, according to the March 2014 board of education presentation.

Laddie A. Decker Sound Beach School and Andrew Muller Primary School both had a new security vestibule constructed. Laddie Decker’s is approximately 99 percent completed and the primary school’s work is done. The primary school also had a roof replacement, which has been fully completed.

At North Country Road Middle School, there are new tennis courts. Repairs to the baseball and softball fields are basically completed, as well as an irrigation system to improve the quality of the soil. There will also be a roof replacement. The roof replacement projects are expected to cost approximately $1 million, for both Laddie Decker and North Country Middle.

Miller Place school district will be reimbursed for 72.4 percent of the costs of all projects, excluding the security vestibules at Laddie Decker and Andrew Primary, according to the board of education. This is a 15-year bond, with an average annual payment of $669,488. The projected tax increase was $1.98.

David Smith receives a medal for his finish in the inaugural Hercules on the Harbor 10K. Photo from Kara Hahn

David Smith will be remembered as a Stony Brook staple whose avid passion for action was as inspiring as it was endearing, close friends said this week.

Smith drowned while swimming in the waters he loved off West Meadow Beach on Aug. 28 despite the attempts of many to save him, witnesses said. He was 79.

A professor emeritus at Stony Brook University’s Department of Computer Science, Smith had noticeably appeared to be having difficulty while swimming near Aunt Amy’s Creek in East Setauket, spurring several onlookers to attempt to come to his rescue. Warren Smith, a resident who was at the scene, said there were many who helped in one way or another, but the professor emeritus did not survive.

“He was a well-known nature lover and often swam, ran and hiked,” Warren Smith said in an email. “The night of the day he died, owls came, and they hooted all night long.”

Smith received his doctorate from University of Wisconsin, Madison. He came to Stony Brook in 1966 and established the computer science department in 1970, the university said, adding that he will be remembered as “a staunch supporter of the department and an innovator in computer science.”

Suffolk County Legislator Kara Hahn (D-Setauket) remembered Smith as a jack of all trades who was active in the greater North Shore community well beyond the university, participating in the Gallery North Wet Paint Festival and working as an advocate for Forsythe Meadow forest.

“He was an extraordinary individual, academic, artist, athlete, advocate, volunteer and overall great guy,” Hahn said.

Louise Harrison, of the Peconic-based Conservation & Natural Areas Planning and former co-chair of the Coalition for the Future of Stony Brook Village, said Smith had recently taken up swimming as a substitute for running, since his knees were bothering him.

“Dave was with the coalition from the beginning and never missed a steering committee meeting or an opportunity to go to town planning board or legislative hearings in support of our cause,” Harrison said. “He volunteered to be our process server, a critically important role, for our original Article 78 against the planning board. This was an unfamiliar task and yet Dave was willing to give it a go and he made sure our petition was properly served within a very limited time period.”

Harrison said Smith never missed a coalition event and joined the group this July at the official opening of Forsythe Meadow County Park/Nora Bredes Preserve’s walking trail at 52 Hollow Road in Stony Brook: “I am especially thankful Dave was able to attend that event because he was our strongest and most vocal advocate for restored access to the forest, which he once had enjoyed from the village center during his daily runs.”

Moving forward, Harrison said she was considering ways her group could properly remember Smith, which may include dedicating a trail or portion of the trail at Forsythe Meadow in his honor.

File photo

An animal rights group has a bone to pick with Stony Brook University.

The Beagle Freedom Project, a national laboratory animal advocacy group, has filed a petition in the state Supreme Court against Stony Brook University with hopes of compelling the school to provide documents relating to Quinn, a dog being housed at the university for animal testing and research. The group, alongside supporter Melissa Andrews, made a Freedom of Information Law request to Stony Brook for documents as part of their “identity campaign,” which allows individuals to virtually adopt dogs or cats being held or used in experiments.

The petition accused Stony Brook University of failing to provide a full response to the FOIL request, providing only five pages of heavily redacted documents. Among the five pages provided was a form appearing to indicate that Quinn and his littermates had been purchased from Covance Research Products, Inc., the group said.

Currently, most universities routinely euthanize all such “purpose-bred for research” animals, the group said. In a statement, a spokesman for the Beagle Freedom Project said the group hopes that the documents help to identify opportunities to provoke post-research adoptions of healthy laboratory dogs and cats.

The petition also challenged Stony Brook University’s claim that it has no further documentation relating to Quinn, pointing out that certain documents are required to be maintained by the Animal Welfare Act and that other publicly funded universities responding to similar requests had produced hundreds of pages of documents. In the petition, BFP and Andrews argued that Stony Brook University and the other respondents did not articulate a particularized or specific justification for denying access, as required, and that there is no such justification.

“Stony Brook is either lying about the records they are keeping or they are in violation of federal recordkeeping requirements,” said Jeremy Beckham, research specialist for the Beagle Freedom Project. “Either way this is troubling and the taxpaying public, forced to fund these experiments, have a right to hold this school to account.”

Lauren Sheprow, a spokesman for Stony Brook University, said the university was unable to comment at this time.

The petition asked the Supreme Court of the State of New York to compel Stony Brook University and the other respondents to provide complete, unaltered documentation concerning Quinn. The Manhattan-based law firm Olshan Frome Wolosky LLP is representing BFP and Andrews in connection with the petition, through its pro bono program.

Through the Identity Campaign, the Beagle Freedom Project has uncovered a troubling pattern of laboratories using animals redundantly or unnecessarily for research or experimentation, providing these animals with poor veterinary care, and other abuses, a spokesman for the group said.

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Disney has owned the imagination of children’s minds for decades. When I was a child, I certainly was well aware of Mickey Mouse and all his pals. “Mic” — see you real soon — “key” — why? Because we like you — “Mouse.” The catchy and inviting songs and cartoons helped define my childhood, much the way endless texting, emojis and Taylor Swift songs do for this generation.

Recently, we took our son to the Broadway production of “Aladdin.” While the singing, dancing, staging, choreography, sets and lighting were truly spectacular, something occurred to me. What role do parents play in these Disney stories, which become the foundation of our children’s cultural legends?

Looking at Aladdin himself, the Broadway version suggests he loved his parents and that he thinks they were spectacular people. That’s nice, but they are gone from the picture, which makes them invisible saints, who help by inspiring him to be better or reminding him from a distance that he hasn’t done much with his life besides living as a “street rat” with a heart.

Then, there’s the ridiculous, all-powerful sultan. He has educated his daughter and given her a chance to think for herself. Ultimately, though, he wants her to get married so her husband can rule the kingdom. That’s an inconsistent message from one of the many single parents Disney has brought to life.

How, exactly, can he not notice that his evil adviser manipulates him and is clearly out for his throne? Despite Jasmine’s fury with Jafar, the sultan doesn’t see Jafar for what he is. It seems this well-intentioned wealthy man who lives in a spectacular castle doesn’t listen to his daughter.

In “Beauty and the Beast,” Belle’s father Maurice, who is also a single parent, is an absent-minded genius she has to protect. Peter Pan? He takes kids away from their parents to Never Never Land. In “The Little Mermaid,” Ariel runs away from her father Triton to pursue a life — and a love — he has forbidden. Looking for Ariel’s mother? She’s not under or above the sea.

Speaking of a child without a mother, in “Finding Nemo” poor Nemo grows up under the overprotective fin of his humorless clownfish father Marlin. Sure, Marlin is heroic but he has a long journey, physically and emotionally, to find his son — and in a way, himself.

I don’t recall seeing Cinderella’s father at all, leaving her with the evil stepmother — seems like a bad call on the father’s part there, too — and her horrible stepsisters.

Maybe taking away parents — or turning them into buffoons — creates plot points that these heroes have to overcome. It gives them a chance to learn to trust themselves and their friends and to believe in who they are. I realize the stories aren’t about the parents and maybe, in some backhanded way, these stories encourage kids to find courage when their parents can’t simply hand it to them or purchase it online from Amazon.

I guess there wouldn’t be as much of a heroic role for a child who helped conquer something just by learning or listening to his well-intentioned parents or to grandparents who attend every concert and are eager to hear about school.

Taking parents away, or giving them questionable judgment, creates opportunities for kids to take control of their perilous lives.

Perhaps Disney has bequeathed real-life parents a gift through all these invisible or flawed guardians. It gives the rest of us a chance to say, “I messed up here, honey, but it could be worse: I could be a Disney parent.”

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Extreme low temperatures caused enough demand to require use of the Port Jefferson Power Station. File photo by Erika Karp

Port Jefferson Village moved another chess piece in its match against the Long Island Power Authority last week, filing a lawsuit to dispute the utility’s property tax challenges from the last few years, which are still pending in court.

Village Attorney Brian Egan said at the board of trustees meeting Tuesday night that the village filed the lawsuit last Friday contending LIPA had promised not to challenge its property tax assessment at the Port Jefferson power plant unless the assessment was disproportionately increased.

That perceived promise links back to a 1997 letter from former LIPA chairman Richard Kessel, upon inking a power supply agreement between LIPA and the Long Island Lighting Company, as the former was taking over for the latter. That agreement covered power plants now owned and operated by energy company National Grid, which includes those in Port Jefferson and Northport.

Back then LIPA and local municipalities were embroiled in other tax assessment challenges. Kessel’s letter said the utility would drop those challenges and would not “initiate any further tax certiorari cases on any of their respective properties at any time in the future unless a municipality abusively increases its assessment rate.”

Port Jefferson has actually gone in the opposite direction on the neighborhood power plant’s assessment, officials confirmed Tuesday — LIPA’s assessment was only proportionately increased over time, and since it began challenging its assessment in 2010, it has in fact seen a decrease. Officials called that 10 percent decrease an act of good faith as they negotiated with the utility on the matter.

At the heart of the issue is a disagreement over the worth of the local power plant: LIPA contends it is grossly overassessed, forcing the utility to pay more in property taxes than it should.

The power plant is a large source of tax revenue for the area, particularly the Port Jefferson school district and the village. Smaller stakeholders include the Port Jefferson fire and library districts and the Town of Brookhaven.

As LIPA’s property tax challenges trickle through the court system, Port Jefferson’s latest lawsuit piggybacks on an idea from out west — Huntington Town and the Northport-East Northport school district filed a similar suit a couple of years ago in their battle on the Northport power plant, which mirrors the situation in Port Jefferson. That inceptive lawsuit, challenging LIPA’s ability to challenge its property tax assessment, faced a motion to dismiss that New York State’s highest court recently denied — allowing the case to play out. Seeing the ruling in favor of Huntington and Northport, Port Jefferson followed suit.

“I feel very strong,” Egan said about the case.

According to the village attorney, he will ask that court action on LIPA’s tax challenges be delayed until the new lawsuit is resolved.

The Port Jefferson and Huntington area lawsuits may also be joined, and it is possible more plaintiffs, such as Brookhaven Town and the Port Jefferson school district, could jump in.

At the time the courts denied LIPA’s motion to dismiss Huntington Town and the Northport school district’s lawsuit, a LIPA spokesperson said the utility does not comment on ongoing litigation.

If the municipalities win their lawsuits regarding LIPA’s right to challenge its property tax assessments, those pending challenges would be thrown out.

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File photo

By Elizabeth Kahn Kaplan

It’s been quite a journey since sea captain Edward Reginald Rhodes and others launched the Three Village Historical Society in the mid-1960s — a time when this community was undergoing rapid change and expansion. “It was important to the founders that the area’s rich history be recognized, honored and preserved,” said Brookhaven Town Historian Barbara Russell, and for 50 years the Society, with its hundreds of volunteers, has done just that.

“The Society has, from its beginning, regarded the Three Village area as its museum; the homes, people and natural environment as its collection; and the home owners as its curators. One of the primary goals of the Society has been to actively work together with other community organizations to preserve and maintain the historic fabric of our Three Village community,” added Beverly C. Tyler, historian for the TVHS.

Annual events that pay tribute to our rich history include the Long Island Apple Festival each September at the Sherwood-Jayne Farm in Setauket, in cooperation with Homestead Arts and the Society for the Preservation of Long Island Antiquities; the Spirits Tour during the third weekend in October, and the Candlelight House Tour during the first weekend of December.

The Society’s educational programs include frequent walking tours conducted by trained volunteers, in-school educational programs and Sunday afternoon docent-led tours at the Society’s headquarters — the c. 1800 Bayles-Swezey House at 93 North Country Road, Setauket — that was funded in large part by a state grant obtained by Assemblyman Steve Englebright in 1998.

Two current exhibits are: Spies! How A Group of Long Island Patriots Helped George Washington Win the Revolution, and Chicken Hill: A Community Lost to Time, for which the Society received an award of merit from the American Association for State and Local History.

A primary objective since the Society’s founding was the collection and preservation of documents and artifacts that would otherwise be lost. Housed in the Society’s Rhodes Collection in a separate area at the Emma S. Clark Memorial Library, they are shared with researchers and overseen by the Society’s professional archivist.

Fifty years of distinguished contributions to this community is cause for celebration and what better way than at the Three Village Historical Society’s 50th Anniversary Spy Gala at St. George’s Golf and Country Club, 134 Lower Sheep Pasture Road, in E. Setauket this Saturday evening, Sept. 12 from 7 to 11 p.m. You are invited to the party; come join the fun. Delicious tapas, an open bar, music and a champagne toast await. Come dressed as your favorite spy if you wish.

Celebrate the contributions of 17 past presidents and Boards of Trustees — dedicated men and women determined to preserve Three Village history while expanding the Society’s offerings, from its origins in 1964 to the present day. It’s time to recognize the Society’s achievements and contributions to our community. Tickets are $125 per person and may be purchased in advance by calling 631-751-3730, online at www.tvhs.org or at the door.

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By Linda M. Toga, Esq.

The Facts: My mother’s brother, Joe, never married and did not have any children. He died with a will in which he left everything to my mother and nothing to his other sister, Sue. In fact, Joe did not even mention Sue in his will. Unfortunately, my mother died before Joe. I am my mother’s only heir. Sue had a son named Keith.

The Question: Is Keith entitled to a share of Joe’s estate or am I in line to inherit the entire estate?

The Answer: Fortunately for you, there is an “anti-lapse” statute in New York that is applicable to your situation. Under the statute, you are the sole beneficiary of Joe’s estate.

How It Works: In order to understand how the anti-lapse statute works, you need to understand the terminology used in the statute. The “testator” is the person whose will is being probated. The people who receive assets under the will are “beneficiaries.” “Issue” refers to a person’s children, grandchildren and successive generations who can trace their bloodline directly back to the person. A “bequest” is a gift that is made in a will. Generally, a bequest made to someone who died before the testator will “lapse,” resulting in the gift being distributed to other beneficiaries under the will.

The New York anti-lapse statute is designed to prevent the lapse of bequests made to certain groups of people who die before the testator. If the predeceased beneficiary is someone other than the testator’s own issue or siblings, the bequest lapses. 

For example, if Joe made a $50,000 bequest in his will to a friend and the friend died before Joe, the $50,000 bequest would lapse. The funds would not go to the friend’s children but would go to other beneficiaries under the will. In contrast, if the testator makes a bequest to a sibling and the sibling dies before the testator, the bequest does not lapse.

Instead, the bequest vests in the issue of the beneficiary. In other words, the assets allocated to the predeceased sibling will pass to that sibling’s children or grandchildren.

Since Joe and your mother were siblings, and your mother died before Joe, the bequest made to your mother will pass to you. However, if bequests had been made to both your mother and Sue, Sue’s son Keith, would, in fact, be entitled to a share of Joe’s estate. That is because the anti-lapse statute would dictate that the share of Joe’s estate allocated to Sue would pass to her issue.

There is often confusion among the beneficiaries of a will when one of the beneficiaries predeceases the testator. One way to avoid this confusion is to update your will not only when the people you name as executors and trustees die but also when a beneficiary dies. Naming contingent beneficiaries in your will also helps bring certainty and clarity to the probate process.

Linda M. Toga, Esq. provides legal services in the areas of estate planning and administration, small business services, real estate and litigation from her East Setauket office.