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.
Continue Reading Fiduciary Beware: Contested Accounting in the Face of Exoneration Clause Results in Liability for Inter Vivos Trustee
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Cases of Attorney-Fiduciaries
By Ilene S. Cooper on
Posted in Fiduciaries
In this week’s entry, Ilene Cooper discusses recent cases addressing issues associated with naming an attorney-draftsman as the fiduciary of an estate.
Continue Reading Cases of Attorney-Fiduciaries
Executor Granted Advance Payment Of Commissions Despite Prohibition In Will
By Eric W. Penzer on
Posted in Fiduciaries
This week’s entry discusses a recent decision on an application for the advance payment of executor’s commissions, and the power of beneficiaries to override a testator’s intent.
Continue Reading Executor Granted Advance Payment Of Commissions Despite Prohibition In Will