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New York Trusts & Estates Litigation

Article 81

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“Can I sue them for legal fees?”

By Frank T. Santoro on August 30, 2018
Posted in Accounting, Fiduciaries, Guardianship, Probate, Trusts

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…

Revoking Marriages in Article 81 Proceedings

By Robert M. Harper on August 25, 2011
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 March 11, 2011
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 November 16, 2009
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

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