An amendment to CPLR 4503(b) was recently signed into law, creating another exception to the attorney-client privilege. Ilene Cooper discusses the new legislation in our latest entry.
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Proof of Wrongdoing and the Right of Election
In 2010, the Appellate Division, Second Department, made it clear in two decisions — Matter of Berk and Campbell v. Thomas — that principles of equity grounded in rules of forfeiture can adversely impact a surviving spouse’s entitlement to an elective share. The Second Department recently addressed the Berk matter again, specifically with respect to the issues to be determined and burdens of proof to be imposed at trial. Ilene Cooper discusses the decision in our latest entry.
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The Essentials of a Discovery Proceeding
This month’s blog post will address a recent decision by the Appellate Division, First Department, entered in In re Perelman, that helps reiterate and define the parameters of discovery proceedings. The case is interesting not only for its facts and the issues they presented, but for its litigants: Ronald Perelman, of Revlon and corporate raider
Attorney’s Fees: Not for the Taking
While attorney’s fees incurred by the fiduciary are generally reimburseable from an estate as a reasonable and necessary expense of administration, this is not the rule with respect to the legal fees incurred by a beneficiary. The different standard that applies was recently examined by Surrogate Mella in In re Frey, NYLJ, July 25, 2013,
Two Recent Decisions That Have Validated and Invalidated Inter Vivos Gifts
In our latest entry, Ilene S. Cooper discusses two recent decisions addressing the validity of inter vivos gifts, and the contrasting results of each case.
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Issues of Undue Influence
One of the most common objections in probate contests is the allegation that the propounded instrument was a product of undue influence. In our latest entry, Ilene Cooper reflects upon two decisions from 2011 in which the Surrogate’s Courts of New York and Kings Counties addressed such claims, which arose from contrasting fact patterns.
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Fiduciary Beware: Contested Accounting in the Face of Exoneration Clause Results in Liability for Inter Vivos Trustee
In the recent decision of Matter of the Accounting of Tydings, the Bronx County Surrogate’s Court addressed the misconduct of the trustee of a lifetime trust, in view of an exoneration clause contained in the instrument. Ilene Cooper discusses the case in our latest entry.
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A View from the Appellate Bench
This week, Ilene S. Cooper provides a summary of recent decisions emanating from the appellate courts, which address a range of topics pertinent to the estate practitioner.
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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.
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Lessons From the Bench: Remedies for Breach of Fiduciary Duty
Courts may implement various remedies when a fiduciary fails to comply with an order to account. This was recently illustrated by Surrogate Holzman’s decision in In re Brissett, which Ilene Cooper discusses in this week’s entry.
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