Readers may recall Eric Penzer’s previous entries regarding Leona Helmsley’s charitable trust in which she expressed a desire that its millions of dollars be used for the care and welfare of dogs. This week he addresses the New York County Surrogate’s Court’s latest decision on the issue, after animal welfare charities sought to intervene in the proceeding and vacate a prior determination that the trust assets could be distributed to any charities as the executors saw fit.
Continue Reading Surrogate: Dog Groups Barking Up The Wrong Tree
Trusts
Lessons of Constructive Trusts Continued
As explained by Jaclene D’Agostino in our previous entry, constructive trusts may be imposed in a variety of circumstances. However, there are numerous situations in which courts have rejected the imposition of that remedy. One such example is the case of Dext v. Rorech III, Individually and as Executor of the Estate of William Rorech, Jr., recently emanating from Suffolk County Surrogate’s Court. Ilene Cooper discusses the case in this week’s entry.
Continue Reading Lessons of Constructive Trusts Continued
What is a Constructive Trust?
Often misunderstood or confused with an express trust, a constructive trust is an equitable remedy applicable in a variety of circumstances. Jaclene D’Agostino discusses the doctrine in our most recent entry.
Continue Reading What is a Constructive Trust?
Action Dismissed For Failure to Join Beneficiaries
The Second Department recently addressed a trust rescission action in which the plaintiff failed to join certain remainder and charitable beneficiaries as parties. Jaclene D’Agostino explains the Court’s holding in this week’s blog entry.
Continue Reading Action Dismissed For Failure to Join Beneficiaries
Triggering In Terrorem Clauses With Out-Of-State Will And Trust Contests
Although void in some states, it is well settled that in terrorem or no contest clauses are enforceable under New York law. In a recent case, Surrogate Glen addressed the question of whether an in terrorem clause had been triggered by the petitioner contesting a New York instrument before a Florida court. This week’s entry, written by Robert Harper, discusses the decision.
Continue Reading Triggering In Terrorem Clauses With Out-Of-State Will And Trust Contests
Trusts: Legally Protecting Assets from the Settlor’s Creditors
This week, Jaclene D’Agostino discusses the circumstances under which trusts assets are legally protected from the settlor’s creditors.
Continue Reading Trusts: Legally Protecting Assets from the Settlor’s Creditors
Ask not what your Trustees can do for you…
This week’s entry discusses a recent decision from the Southern District of New York in which the plaintiff asserted he was the son of John F. Kennedy and Marilyn Monroe, and sought to compel distributions from the late president’s testamentary trust. Especially relevant to the trusts and estates litigator is the discussion of the probate exception to federal diversity jurisdiction.
Continue Reading Ask not what your Trustees can do for you…
A Sop For Cerberus
This week’s post informs readers of the recent New York County Surrogate’s Court decision regarding whether the trustees of Leona Helmsley’s charitable trust must actually use its funds for the care and welfare of dogs.
Continue Reading A Sop For Cerberus
Westchester Surrogate’s Court Examines Equitable Claims
A recent decision from the Westchester County Surrogate’s Court, Edelman v Hatami is an entertaining read. The decision addresses the Statute of Frauds, and provides a good example of how litigants will attempt to employ the equitable doctrines of promissory estoppel and constructive trust in estate litigation.
In Edelman the defendant sought recovery against a decedent’s…