New York State Surrogate’s Courts have advised of their responses to the coronavirus. Edward Baker provides this essential information in our latest post.
Continue Reading SURROGATE’S COURTS’ RESPONSE TO THE CORONAVIRUS
Farrell Fritz
Testator Intent and In Terrorem Clauses
By Frank T. Santoro on
My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling the testator’s intent to impose an in terrorem condition with the rights of beneficiaries to challenge the conduct of their fiduciary. The New York County Surrogate’s Court’s recent decision in Matter of Merenstein provides further…
“Can I sue them for legal fees?”
By Frank T. Santoro on
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…