When representing fiduciaries in litigation that estate and trust beneficiaries commence, my Farrell Fritz, P.C. colleagues and I seek to limit the fiduciaries’ exposure to liability. One way to accomplish that objective is to narrow the period for which beneficiaries have standing to compel fiduciaries to account. In Yonke v. D’Angelo, New York County
December 2025
Constructive Trust Claims
By Robert M. Harper on
Posted in Uncategorized
Constructive trust claims regularly arise in trusts and estates litigation. Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that a constructive trust should be imposed on certain assets, I write to provide a short summary of the law that governs constructive trust claims, and…