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.
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Ilene S. Cooper
A View from the Appellate Bench
By Ilene Cooper on
Posted in Right of Election
This week, Ilene S. Cooper provides a summary of recent decisions emanating from the appellate courts, which address a range of topics pertinent to the estate practitioner.…
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Lessons of Constructive Trusts Continued
By Ilene Cooper on
Posted in Trusts
As explained by Jaclene D’Agostino in our previous entry, constructive trusts may be imposed in a variety of circumstances. However, there are numerous situations in which courts have rejected the imposition of that remedy. One such example is the case of Dext v. Rorech III, Individually and as Executor of the Estate of William Rorech, Jr., recently emanating from Suffolk County Surrogate’s Court. Ilene Cooper discusses the case in this week’s entry.…
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Lessons From the Bench: Remedies for Breach of Fiduciary Duty
By Ilene Cooper on
Posted in Fiduciaries
Courts may implement various remedies when a fiduciary fails to comply with an order to account. This was recently illustrated by Surrogate Holzman’s decision in In re Brissett, which Ilene Cooper discusses in this week’s entry.…
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Hot Topics in Trusts and Estates
By Ilene Cooper on
Posted in Fiduciaries
While the Court of Appeals has rendered two important trusts and estates decisions this summer, additional topics of interest have been addressed at the trial court level. Ilene Cooper discusses a few of these “hot topics” in this week’s blog entry.…
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Court Examines Beneficiary’s Right to Sell Real Property
By Ilene Cooper on
Posted in Construction of Wills and Trusts
This week, Ilene S. Cooper explains a recent case in which the Suffolk County Surrogate’s Court analyzed whether a beneficiary’s interest in the decedent’s residence qualified as a life estate, notwithstanding the explicit use of the term in the decedent’s Will.…
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The Due Execution of Wills
By Ilene Cooper on
Posted in Probate
To be admitted to probate, a will must be duly executed in accordance with statute. In this week’s blog entry, Ilene Cooper discusses how courts have applied and interpreted the due execution requirements.…
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Cases of Attorney-Fiduciaries
By Ilene 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.…
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Cases of Fiduciary Removal or Disqualification
By Ilene Cooper on
Posted in Fiduciaries
This week’s entry discusses recent applications for the disqualification or removal of a fiduciary, and how they have been addressed by various courts.…
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