While the Court of Appeals last year upheld the validity of contingency fee agreements in estate matters, particularly in litigation, where it approved contingency fees of over forty million dollars when the actual time spent was a fraction of that value, a recent New York County Surrogate’s Court case, Estate of Fanny Goldfarb, confirms that the size of an estate can still be a major factor in determining the reasonableness of a contingent fee, even though the services rendered and the result achieved were exemplary. Jack Barnosky discusses the decision in our latest post.
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As recognized by Surrogate Glen in the recent decision of Matter of Rosasco, the distinction between undue influence and duress is often blurred in the context of contested probate proceedings. Frank Santoro explains the differences between the two legal concepts in our most recent entry.
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