This is a common question from clients involved in litigation – – especially estate litigation. As a general rule, a party cannot recover attorney’s fees for successfully prosecuting or defending a lawsuit. This is the “American Rule,” and it is engrained in our legal system. New York courts are wary of deviating from the American
Article 81
Revoking Marriages in Article 81 Proceedings
By Robert M. Harper on
Posted in Guardianship
This week, Robert Harper discusses the circumstances under which a marriage may be revoked in the context of an Article 81 guardianship proceeding.
Continue Reading Revoking Marriages in Article 81 Proceedings
Who May Serve as Fiduciary?
By Frank T. Santoro on
Posted in Fiduciaries
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.
Continue Reading Who May Serve as Fiduciary?
Posthumously Voided Marriage Negates Right of Election
By Jaclene L. D'Agostino on
Posted in Right of Election
This week, Jaclene D’Agostino discusses a recent decision on an application to determine the validity of an elective share, when the marriage had been declared void by an Article 81 court after the decedent’s death.
Continue Reading Posthumously Voided Marriage Negates Right of Election