Surrogate McCarty of Nassau County recently addressed a case in which the parents of a deceased minor each sought letters of administration, alleging that the other was ineligible. Frank Santoro discusses the decision, as well as general rules of eligibility to serve as a fiduciary, in our most recent entry.
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The American Rule provides that each party to a litigation generally remains responsible for his own legal expenses regardless of who prevails. In Matter of Lasdon, Surrogate Glen of New York County explained the few and narrow exceptions to that Rule, one of which pertains to cases of fiduciary misconduct. Jaclene D’Agostino discusses the decision in our latest entry.
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While the Court of Appeals has rendered two important trusts and estates decisions this summer, additional topics of interest have been addressed at the trial court level. Ilene Cooper discusses a few of these “hot topics” in this week’s blog entry.
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The Court of Appeals has issued a decision that changes the way in which a fiduciary’s legal fees incurred in defending objections will be paid from a trust or estate. In Matter of Hyde, the Court reversed its prior interpretation of SCPA 2110 and established new guidelines. Jaclene D’Agostino discusses the decision in this week’s entry.
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Last week, the Second Department overturned a determination of the Kings County Surrogate’s Court that had disqualified an executrix based upon her selection of counsel. But while holding that letters should be reinstated, the Appellate Division also directed the fiduciary to obtain new representation. Eric Penzer discusses the decision in this week’s entry.
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