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.
Continue Reading Court of Appeals: Fiduciary’s Legal Fees to be Equitably Allocated among Beneficiaries

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.
Continue Reading Estate Fiduciary Wrongly Deprived of Counsel of Choice?

Legal fees incurred by fiduciaries in connection wtih their stewardship are generally chargeable to a trust or estate as a whole. This week’s blog entry discusses a recent case in which non-objecting beneficiaries sought to allocate trustees’ litigation costs solely to the objecting parties’ interests.
Continue Reading Beneficiary Participation Irrelevant to Allocation of Trustees’ Litigation Costs