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Swedish Pancakes with Cranberries. Photo from Pixabay

By Barbara Beltrami

Writing this column is a real challenge this week because in our house we’re not big fans of leftovers. Actually, there’s only one Thanksgiving leftover that I really crave, and that’s a sliced turkey breast and Swiss cheese sandwich with lettuce and Russian dressing on rye bread. But then, as challenges often do, this one got me thinking. It was going to be just the two of us for Thanksgiving dinner and we surely were going to have leftovers. There would be no happy leftover aficionados upon whom we could foist them as we usually did. There just had to be things we could recycle and enjoy over the weekend. So here’s what I came up with. I thought, why not Swedish pancakes with cranberry sauce instead of lingonberries? Or turkey, mashed potato and stuffing patties or turkey minestrone?

Swedish Pancakes with Cranberries

Swedish Pancakes with Cranberries

YIELD: Makes about 12 pancakes

INGREDIENTS:

1 stick unsalted butter

1 cup flour

1 3/4 cups milk

3 eggs

1 teaspoon vanilla extract

1/4 teaspoon salt

1/4 cup granulated sugar

1 cup cranberry sauce

DIRECTIONS:

Preheat oven to 200 F. In a 10-inch skillet melt half the butter. In a blender combine the melted butter, flour, milk, eggs, vanilla and salt and process until smooth. Over medium heat, melt one teaspoon butter in same skillet and tilt pan so sides and bottom are coated; when a drop of water bounces on the skillet ladle one-third cup of batter into skillet and quickly tilt pan again so batter covers bottom of skillet.

Cook till set, about a minute or a little more, then using a rubber spatula, lift edges and flip and cook till lightly golden on other side, about half a minute or less; transfer to warm ovenproof plate and place in oven. Repeat procedure with remaining batter. Fold or roll pancakes, sprinkle with sugar and top with a dollop of cranberry sauce. Serve hot or warm with coffee, tea or hot chocolate.

Turkey, Stuffing and Mashed Potato Patties

YIELD: Makes about 12 pancakes

INGREDIENTS:

1 egg

1 tablespoon cold water

1 cup mashed potatoes

1 cup stuffing

1 cup finely chopped cooked turkey

2 scallions, cleaned and sliced thin

1 to 1 1/4 cups toasted unseasoned bread crumbs

1/3 cup olive oil

DIRECTIONS:

In a small bowl mix the egg and water. In a large bowl combine the potatoes, stuffing, turkey and scallions. Shape them into 2-inch patties and place on a rimmed baking sheet. Gently dip the patties, one at a time, into egg and water mixture, then bread crumbs and place them back on the baking sheet. Warm one-third of the oil in a large skillet over medium-high heat. With a spatula carefully lower each patty into skillet; fry, turning once, until crispy on both sides, about 5 to 7 minutes. Remove and drain on paper towels. Serve hot or warm with hot turkey gravy or cranberry sauce.

Turkey Minestrone

Turkey Minestrone

YIELD: Makes 4 to 6 servings

INGREDIENTS:

1/4 cup olive oil

1 onion, chopped

1 celery rib, sliced

1 carrot, peeled and sliced

1 garlic clove, minced

1 small zucchini, diced

8 unsauced cooked Brussels sprouts or 1 1/2 cups unsauced cooked broccoli, cauliflower or green beans

1 cup canned petite diced tomatoes with their juice

1 cup shredded cooked turkey

1 cup canned cannellini beans, rinsed, drained

1 bay leaf

3 cups turkey stock or broth

1/2 cup uncooked tubetti, penne or ditalini pasta

2 cups finely chopped escarole

Salt and freshly ground black pepper to taste

3/4 cup grated Parmesan cheese

DIRECTIONS:

In a large pot heat oil over medium-high heat. Add onion and celery and cook, stirring frequently until they soften, about 5 to 7 minutes. Add carrot, garlic, zucchini and cooked veggie and cook, stirring frequently, until the carrots start to soften, about 3 to 4 more minutes. Add tomatoes, turkey, beans, bay leaf and stock; bring to a boil, then reduce heat and cook covered on low heat until all veggies are tender.

Ladle one and a half cups of soup into bowl of food processor and puree; return to pot. Add pasta and escarole, and continue cooking over medium heat, stirring occasionally, until pasta is al dente and escarole is tender and limp; remove bay leaf. Season with salt and pepper, ladle into tureen or soup bowls and sprinkle with grated cheese if desired. Serve with rustic bread and olive oil.

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Photo by Gerard Romano

FALL FOLIAGE HOT SPOT

Gerard Romano of Port Jefferson Station snapped this colorful photo in Stony Brook on Nov. 19. He writes, ‘This seasons fall foliage has been quite colorful. A short walk into Avalon Nature Preserve near one of the little wooden walk bridges offered some stunning images when taken with a wide angle lens.’

Send your Photo of the Week to leisure@tbrnewspapers.com

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By Nancy Marr

While we await the BOE’s certification of our election results (required by Dec. 7) we need to plan our priorities for the incoming NYS Legislators. Of critical importance is post-census redistricting. After the mid-2021 release of the 2020 census results, states must redraw their state and congressional district lines. These districts determine how communities are represented at the local, state and federal levels, influencing how our government works for us.

Gerrymandering (the intentional manipulation of the redistricting process by the people in political power to keep or change political power) can result from partisan redistricting in a number of ways, such as by consolidating communities into one district, or packing, which gives that community only one representative in the legislature; or by dividing the community across districts, called cracking, ensuring that the community is always the minority and less likely to be adequately represented by their representatives.

Two common forms of gerrymandering are racial gerrymandering and partisan gerrymandering. In 2018, the Supreme Court had the opportunity to set federal standards when states draw their districts that could ultimately curb partisan gerrymandering. Instead, the Court ruled to allow states to make their own determinations about partisan gerrymandering practices.

The New York State Constitution was amended in 2014 to designate an Independent Redistricting Commission to replace the legislature-controlled New York State Legislative Task Force on Demographic Research and Reapportionment (LATFOR) as the entity responsible for drawing the lines. The new commission is made up of four Democratic and four Republican appointees. Two additional nonaffiliated commissioners who are not members of those parties are then selected by a majority vote of the eight politically-appointed commissioners.

Members shall represent the diversity of the residents of the state with regard to race, ethnicity, gender, language and geographic reference. They cannot have been a member of the NYS legislature or U.S. Congress, or a state-wide official, or have been a state officer or employee or legislative employee, a registered lobbyist in NYS, or a political party chairman, or the spouse of any of those mentioned. Co-executives, one from each party, direct it. A chairperson, to organize the panel, is elected by majority vote.

The legislature has recently appointed its eight members, and those eight members selected two additional nonaffiliated commissioners. The commission also recently met to hire its Co-Executive Directors and begin planning its bylaws and staffing plans

To ensure that the redistricting process is fair and doesn’t lead to racial or partisan gerrymandering, districts should contain as nearly as possible an equal number of inhabitants and shall consist of contiguous territory and be as compact in form as practicable. It should consider the maintenance of cores of existing districts, or pre-existing political subdivisions, including counties, cities and towns, and communities of interest. Data showing race, income, education, employment, and age will guide the process.

Although New York State has not passed a Voter Rights Act, it should follow the guidelines set by the federal Voter Rights Act, which targeted certain New York election districts for pre-clearance before changing election lines.

Because the date for releasing the census counts was moved from April to July 31, 2021, and June 2022 is now the first NYS primary affected, there is a shortened time frame for public review of the plan, and input of community members as the plan is made. The commission must hold 12 public hearings with proposed maps available at least 30 days prior to the first public hearing. The plan must be submitted to the legislature by Jan. 1, 2022. If it is rejected by the legislature or the governor, the commission must submit a second plan no later than Feb. 28, 2022, to be approved by the legislature and implemented by March 2022. If it is not then approved, the plan will be drawn up by the legislature, or by a court master.

The Independent Redistricting Commission can curb gerrymandering through increased public input, accountability and transparent processes. We urge the legislature to ensure that the commission follows open meetings laws and allows for ample citizen input at the twelve public hearings that are required and as the plans are drafted. The success of New York’s first independent redistricting commission hinges on whether the legislature can provide adequate support and allow sufficient independence for the newly formed maps commission. 

Nancy Marr is first vice president of the League of Women Voters of Suffolk County, a nonprofit, nonpartisan organization that encourages the informed and active participation of citizens in government and influences public policy through education and advocacy. For more information, visit www.lwv-suffolkcounty.org or call 631-862-6860.

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A reader recently called the office and asked a member of the editorial staff why social media companies like Facebook and Twitter have been shielded from lawsuits over the content users post on their platforms, while newspaper editors usually take extra precautions when publishing letters to the editor.

Social media platforms have been covered by Section 230 of the 1996 Communications Decency Act, as they are not considered moderators of content provided by their users, but distributors. The same act protects distributors of books, magazines and newspapers.

It is a law that has become controversial, as The New York Times has pointed out, since it also covers websites that propagate hate speech. Websites can effectively set their own rules for what is and what is not allowed.

However, regarding newspapers, readers will often find that letters to the editor pages in many publications such as ours stress that the opinions of columnists and letter writers are their own. They do not speak for the newspaper. We also edit letters for length, libel, style and good taste,  and the editorial department vets them to ensure factual accuracy. While social media companies and internet service providers are protected under Section 230, newspapers, radio and television stations are held to a higher standard, allegedly due to their ability to moderate content and maintain editorial control.

At the same time, more social media sites are expressly moderating people’s posts. Facebook recently cited that it’s detecting and removing most hate speech before anyone sees it. If the argument was these sites didn’t have the capacity to moderate all its content, it is in the strange spot of arguing at the same time that it effectively can.

While outside content across the worldwide web is innumerable and almost impossible to keep track of, with a newspaper the content can be reviewed by an editor. Although most newspapers, including ours, are open to printing readers’ opinions no matter what side of the political aisle a person may take, as a privately owned business we have the option to decline to publish anything that comes across our desks. Based on our standard of ethics, letters can be declined if they include racist comments or defamatory statements — such as accusing a person of a crime, a breach of ethics or professional dishonesty. Newspapers can potentially bear the responsibility of being held accountable under libel laws if a letter claims something about a person that is known to be false or should have been known by the editorial staff. Of course, it’s hard to litigate libel in New York state, as one has to prove the defamation was made with actual malice.

Local newspapers like ours don’t always have the luxury of having numerous letters to choose from and, being familiar with the different viewpoints of community members, we have the right to decide not to publish letters that express extreme views. Still, we do our best to provide an outlet where everyone feels they can express their opinions and exercise their freedom of speech. However, unlike most posts on social media, we also understand the importance of protecting our community members as best as we can from hearsay.

Regarding Section 230, it may be time to hold social media accountable for the content that pops up in a person’s newsfeed. Let’s not forget which accounts have been suspended by Twitter or those who have been thrown in “Facebook jail.” It seems as if the technology is out there to decipher false claims and what is otherwise hate speech. The fact that these corporations seem to want autonomy while displaying they have the capacity to monitor their users’ messaging is untenable — the general political divisiveness and the proliferation of so much mistruth are reasons enough that laws need to change.

Considering how many rely on social media for information, it may be time for these platforms to step up to the plate and verify what their consumers read or risk government reform.

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Photo courtesy of Pixaby

By Daniel Dunaief

Daniel Dunaief

Hello and welcome to the first and hopefully last Zoom Thanksgiving. Hey, hold on, I can see that you’ve muted yourself in Box 6 over there, Uncle Mary. Yes, I know I said Uncle Mary because I’m reading the name on your screen. Did you think that was funny? What are you saying that I can’t hear?

OK, so we’re going to forego the usual list of what we’re thankful for because it’s 2020 and we’re not together, and I promised the kids they wouldn’t have to talk to such a large group of faces who are all
looking in the wrong direction.

Seriously, what’s wrong with you people? Can’t you look at the camera? I know that might sound harsh. I just spent the last few hours before this fake happy scene trying to remember something about the Ottoman Empire. No offense to the Ottoman Empire, but I didn’t like history much when I was that old and now I’m trying to learn it again.

Yes, I know, Uncle Mary, it’d be easier for me to teach my kids these subjects if I pretended to be interested, but that ended in early April, when I had to try to remember something about the number of electrons in different orbits around atoms.

Anyway, I’m thankful we’re together. I saw that, cousin Clarence. Look, we don’t see you very often. The least you could do is not roll your eyes the entire time I’m talking. You’re doing it again! Cut it out! Oh, really? You have something in your eye? Let me see. Oh yeah, it does look red.

Okay, so we’re going to make this virtual Thanksgiving all about the senses. You see, we’re going to each search through our house for things that look like something else, put them on the screen and guess what the other person is holding. I read something about being creative this year, so this is it.

No, Alex, you can’t ask a question. Because I said you couldn’t. I’m running this virtual Thanksgiving, and I said you couldn’t. Well, then, your teacher is a better person than I am. I wish he was your father, too. No, no, I didn’t mean that. I just mean that we’re doing something differently this year. Okay, if you stop crying, you can ask a question.

Well, actually that is a good question. It doesn’t really have anything to do with Thanksgiving per se, but guessing what we’re holding is a way for each of us to connect. Okay, so, now, everybody, go get something and bring it back.

Ah, I see Uncle George has come back with something that looks like a baseball. Oh, it is a baseball? That’s not very creative. Oh, Uncle George, you’re not going to tell the story about how you almost caught a foul ball hit by Mickey Mantle, are you? Oh, you were? Well, that is a great story, and I’m sure there’s someone who hasn’t heard that story yet. By a show of hands, who hasn’t heard that story? Okay, well, Uncle George, it’s only because we all listen to you so carefully and we love to hear your stories. Maybe, though, we’ll skip that one this time. Are you crying too, or do you have something in your eye?

Okay, someone else go. Matthew, what are you holding? It looks like an origami bird. Wait, it is an origami bird? I wasn’t supposed to guess it that quickly? Well, it’s because you did such a great job. Now you’re crying?

Okay, it’s Jennifer’s turn. It looks like a huge glass of wine. You’re drinking it to test it? So, it was wine? And now you’re refilling it and drinking it again? One more time? Really? Okay, anyone else want to go?

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METRO photo

By Leah S. Dunaief

Leah Dunaief

Thanksgiving 2020 will surely be remembered by all. Other Thanksgivings blend into each other on the impressionist edges of memory, in a sepia-colored haze. But this one will stand out like a gargoyle, in bas-relief at the center. Never before have we disinvited our children from our homes during this holiday. Never have we set the table for so few. Never have we been urged not to travel to reconnect with our families. Never have we been drilled on the three Ws: wash your hands, watch your social distancing, wear your mask. COVID-19 overhangs our lives.

Nonetheless, for most of us, there is so much to be thankful for, even as we have to push past the anxiety and the upending of our lives the pandemic has caused to remind ourselves of the many ways we can be thankful.

First is for the good health most of us are lucky enough to enjoy: for our own and that of our loved ones. Perhaps, never has good health been viewed as such a blessing as now, as hundreds of thousands fall ill. Even without the coming vaccine, we can work to keep the virus at bay by diligently following the three Ws.

Next is the love we have in our lives that has become so manifestly important to acknowledge and declare. It is that love: for our spouses, our parents, our children, our dearest relatives and friends that is our safety net during these challenging days. We have always been aware of that love but perhaps not so appreciatively as now. The need to connect with them has not been so vital as now. And if we have a warm home and people who live in it with us, and enough to eat each day, how thankful we can be.

We can be thankful for our jobs, if we have them, and if we don’t, for the country we live in that supports us at least partially during our temporary unemployment. And if we are holding on ourselves, we can help others around us through our churches, soup kitchens and donations to our neighbors in need. To help others is a great privilege.

Though I never particularly embraced the computer when it appeared in our daily lives in the 1970s and 1980s, I am thankful for technology. Because of my computer, I can see my children and grandchildren regularly. I even have a place in the house nicknamed the Zoom Room. I can also see my friends, attend meetings, albeit virtually, and learn new subjects if I choose.

I escape from the news and the responsibilities of daily life with movies on Netflix and other streaming services. I still cannot stop marveling at Siri and the ability to find the answers to all sorts of questions by just pushing a button on my cellphone.

I sometimes think of my husband, whose poor sense of direction was legendary in the family, and how he would have loved the GPS. The ability to call someone from this marvelous invention I hold in my hand and tell them I am on my way but will be 15 minutes late or that I need help because I have a flat tire is a commonplace miracle of the 21st century. How lucky we are to be alive in these times, when a vaccine to overcome our version of the black plague can be developed in a matter of months.

Difficult times force us to turn inward and find the resilience to cope. And we can cope, we all can. If we believe in ourselves and have faith that this pandemic will end, which it surely will, we can then build back our lives and our world again. We can give thanks for that inner strength. Governments must help, charities and philanthropies do help, and we can help ourselves and each other. We can take inspiration from the natural world, which goes on in all its seasons of beauty despite periodic upheavals, and thankfully we will too.

Thanksgiving 2021 we will all together sit around the dinner table and profoundly give thanks.

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Veronica Sanders. Photo from BNL

By Daniel Dunaief

If doctors could somehow stick numerous miniature flashlights in human bodies and see beneficial or harmful reactions, they would be able to diagnose and treat people who came into their offices.

That’s what Vanessa Sanders, Assistant Scientist at Brookhaven National Laboratory, is working to develop, although instead of using a flashlight, she and her colleagues are using radioisotopes of elements like arsenic. Yes, arsenic, the same element at the center of numerous murder mysteries, has helpful properties and, at low enough concentrations, doesn’t present health threats or problems.

Arsenic 72 is useful in the field of theranostics, which, as the name suggests, is a combination of therapeutics and diagnostics.

Isotopes “allow us to observe visual defects and through using these radioactive agents, we can also observe the functionality of organs,” Sanders explained in an email. These agents can assist in diagnosing people, which can inform the treatment for patients.

What makes arsenic 72 and other radioisotopes helpful is that they have a longer half-life than other isotopes, like fluorine 18, which only lasts for several minutes before it decays. Arsenic-72 has a half life of 26 hours, which matches with the life of an antibody, which circulates through bodies, searching for targets for the immune system. The combination of arsenic-72 and arsenic-77 allows the former to act as a diagnostic agent and the later as a therapeutic partner.

By attaching this radioisotope to antibodies of interest, scientists and doctors can use the decay of the element as a homing device. Using Positron Emission Tomography, agents allow for the reconstruction of images based on the location of detected events.

“When you want to use an antibody as a target for imaging, you want an isotope that will be able to ride with the antibody and accumulate at an area of interest,” Sanders said.

A radiochemist, Sanders is working to develop systems that help researchers and doctors diagnose the extent of problems, while also tracking progress in fighting against diseases. She is working to produce arsenic-72 through the decay of selenium-72.

Using the Brookhaven Linac Isotope Producer, scientists produce selenium-72. They then create a generator system where the selenium 72 is absorbed onto a solid substrate. As it decays, the solid substrate is washed to obtain arsenic-72.

Sanders is hoping to create a device that researchers could ship to clinical institutions where institutions could use arsenic-72 in further applications.

The system BNL is creating is a research and development project. Sanders and her colleagues are working to optimize the process of producing selenium-72 and evaluating how well the selenium, which has a half life of eight days, is retained and how much they can load onto generators.

“We want [arsenic 72] in a form that can easily go into future formulations,” Sanders said. “When we rinse it off that column, we hope to quickly use it and attach it to biomolecules, antibodies or proteins and use it in a biological system.”

With the increasing prevalence of personalized approaches to diseases, Sanders explained that the goal with these diagnostic tools is to differentiate the specific subtype.

A person with pancreatic cancer, for example, might present a specific target in high yield, while another patient might have the same stage cancer without the same high yield target.

“We want to have different varieties or different options of these diagnostic tools to be able to tailor it to the individual patient,” explained Sanders.

Cathy Cutler, Director of the Medical Isotope Program at BNL, said the isotopes Sanders is working on “have a lot of promise” and are “novel.” She described Sanders as “very organized” and “very much a go-getter.”

Cutler said the department feels “very lucky to get her and have her in the program.”

In her group, Sanders explained that she and her colleagues are eager to develop as many radioisotopes as possible to attach them to biomolecules, which will enable them to evaluate disease models under different scenarios. Other researchers are working with arsenic-77, which acts as a therapeutic agent because it emits a different particle.

Scientists are working on a combination of radioisotopes that can incorporate diagnostic and therapeutic particles. When the arsenic 77 destroys the cells by breaking the DNA genetic code, researchers could still observe a reduction in a tumor size. Depending on the disease type and the receptor targeted, scientists could notice a change by observing less signal.

Sanders is working on attaching several radioisotopes to biomolecules and evaluating them to see how well they are produced and separated.

“We make sure [the isotope] attaches to the thing it’s supposed to stick to” such as an antibody, she said.

A resident of Sound Beach, Sanders grew up in Cocoa, which is in central Florida. When she was younger, she wanted to be a trauma surgeon, but she transitioned to radioisotopes when she was in college at Florida Memorial University. “I liked the problem solving aspect of chemistry,” she said. While she works with cancer, she said she would like to investigate neurological diseases as well.

Sanders, who has been living on Long Island since 2017 when she started her post doctoral work at BNL, enjoys the quieter, suburban similarities between the island and her earlier life in Florida.

At six feet, one and a half inches tall, Sanders enjoys playing center on basketball teams and, prior to the pandemic, had been part of several adult leagues in the city and on Long Island, including Ladies Who Hoop and LI Hoops. She is also involved in a sorority, Zeta Phi Beta Sorority Inc, that contributes to community service efforts.

Sanders and her fiancee Joshua Morancie, who works in IT support, had planned to get married in July. They set a new date in the same month next year. If the pandemic continues to derail their party plans next year, the couple plan to wed in a smaller ceremony.

As for radioisotopes, Sanders hopes people become inspired by the opportunities radioisotopes provide for science and medicine.

“There are so many good things that come out of radioisotopes,” Sanders said. “There are so many promising advantages.”

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By Barbara Beltrami

I read someplace (don’t ask me where) some tips for this Thanksgiving when, if we follow the advice of experts on the pandemic, we should by all means celebrate the holiday but avoid large gatherings indoors and do a small intimate dinner with our immediate families and, in some cases, close friends or neighbors who we are sure are not contagious.

Difficult as it may be to forgo the usual groaning board feast, safety should be our primary consideration so that next year we can comfortably gather as we’ve always done. To make the day more celebratory and enjoyable we should first set a festive table. Even the smallest turkey may be too large so roasting a turkey breast or even a chicken might make more sense. The plethora of side dishes should be down-scaled so that it includes everyone’s favorite, of course, and dessert, rather than being an assortment of pies, could be individual tarts.

I’m taking a guess at what are likely to be everyone’s favorite dishes and giving you a little twist on each one. The rest is up to you.

Have a happy healthy and thankful holiday!

Creamy Mashed Potatoes with Chives

YIELD: Makes 4 to 6 servings

INGREDIENTS:

3 pounds Yukon Gold potatoes, pared and quartered

Salt to taste

1/2 -2/3 cup half and half, heated

1/4 cup softened unsalted butter

Freshly ground white pepper to taste

1/2 cup snipped chives

DIRECTIONS:

Place potatoes in a large saucepan; cover with cold water; add salt and over high heat, bring to a boil. Reduce heat to medium and simmer until fork tender but not mushy, about 20 to 25 minutes. Drain and return to pan, then reduce heat to low and cook, tossing frequently, another two minutes to dry the potatoes out. Place them in a large bowl and using a ricer, food mill or masher, puree them. (Do not use a food processor or you will end up with a gluey mess!) Gradually stir in half and half and butter; add pepper and chives and stir again. Set aside to keep warm. Serve with turkey gravy and all the fixings.

Sausage and Walnut Cornbread Stuffing

YIELD: Makes about 5 cups

INGREDIENTS:

4 cups cornbread stuffing mix

1 pound sausage meat, crumbled and browned

1 large onion, diced and browned

1 sprig fresh sage, finely chopped

8 ounces unsalted butter, melted

1/2 cup-1 cup hot chicken broth

1 cup coarsely chopped toasted walnuts

Salt and freshly ground pepper to taste

DIRECTIONS:

Place all ingredients in a large bowl and toss thoroughly to combine. When mixture is at room temperature, place in a greased casserole or cavity of turkey which is also at room temperature, just before cooking, no sooner. Bake in 375 F oven for 45 minutes or until top is crispy if in casserole; if in turkey cavity, remove and serve with turkey and fixings.

Candied Sweet Potatoes with Apples and Pears

YIELD: Makes 4 to 6 servings

INGREDIENTS:

4 small-medium sweet potatoes, pared and quartered, lengthwise

Salt and freshly ground pepper to taste

2 large Granny Smith apples, pared, cored and quartered lengthwise

2 medium Bosc pears, pared, cored and quartered lengthwise

3/4 cup brown sugar

6 tablespoons unsalted butter

DIRECTIONS:

Preheat oven to 375 F. Place and space sweet potatoes in large shallow baking pan; season with salt and pepper. Place apples and pears in between sweet potatoes; sprinkle evenly with brown sugar and dot with butter. Bake for 35 to 45 minutes until tender and brown on top. Serve with turkey and fixings.

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METRO photo

By Nancy Burner, Esq.

Nancy Burner, Esq.

In order for a person to contest a last will and testament (“will”) in New York, he or she must have legal grounds; a reason based in the law that the will is invalid and should not be admitted to probate.

Admitting a will to probate means that the executor named in the will is appointed by the Surrogate’s Court. The executor then distributes the decedent’s assets as dictated by the will. The most common grounds for challenging a will are improper execution, lack of testamentary capacity, and undue influence.

Having grounds for contesting a will takes more than simply disliking the terms of the will or being unhappy with its distribution.

A will must be properly executed to be valid. The requirements for the proper execution of a will are as follows: (1) the will must be signed at the end thereof, (2) the will must have been signed in the presence of two witnesses, (3) the decedent must have declared the document to be his or her will, and (4) the witnesses must have signed the will as witnesses at the request of the deceased.

When an attorney supervises the execution, the will is entitled to a presumption that it was properly executed — known as the presumption of due execution. Wills prepared from online DIY services and executed without an attorney do not enjoy this presumption.

The decedent must have also possessed testamentary capacity when he or she signed the will. The Surrogate’s Court looks at the following three factors to determine whether the decedent had the requisite capacity to sign a will: (1) the decedent understood the nature and consequences of executing a will, (2) the decedent knew the nature and extent of his or her property, and (3) the decedent knew the natural objects of his or her bounty and his or her relations with them.

If a will is the product of undue influence, it will not be admitted to probate. A will may be invalidated on the ground of undue influence if there was: (1) motive, (2) opportunity, and (3) the actual exercise of undue influence. The influence exercised must rise to a level of coercion that restrains the free will and independent action in a forceful way. The inquiry into whether a will is a product of undue influence is fact specific and involves the examination of the decedent and his or her circumstances, the will and its procurement, and the person alleged to have exercised the undue influence.

If it is determined that any of these grounds exist, then the Surrogate’s Court would refuse to admit the will to probate. The result of the denial of probate would be that the decedent’s next of kin would inherit the estate under the laws of intestacy or the beneficiaries of the decedent’s prior will would inherit.

It is difficult — but not impossible — to contest a will. The requirements of due execution and testamentary capacity are easily achieved by presumptions that are obtained through attorney supervised will signings. Undue influence is not easily demonstrated and generally takes a thorough investigation to uncover significant facts. These matters are usually complicated both factually and procedurally, and the assistance of an experienced estate litigation attorney is essential.

Nancy Burner, Esq. practices elder law and estate planning from her East Setauket office. Visit www.burnerlaw.com.

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Photo by Fred Drewes

FALL COLORS

Fred Drewes snapped this beautiful fall scene in his hometown of Mount Sinai on Nov. 10. He writes, ‘Mt. Sinai Coram Road was a painters palette of fall colors and a joy to see. Driving down Shore Road, Mt. Sinai Coram Road and  Old Post Road from ‘up street’ have always created a sense of peace as I’ve drive to Mt. Sinai Harbor. This is particularly true at this time of the year. I automatically slow down and soak in the colors and tones of the road side.’

Send your Photo of the Week to [email protected]

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