While attorney’s fees incurred by the fiduciary are generally reimburseable from an estate as a reasonable and necessary expense of administration, this is not the rule with respect to the legal fees incurred by a beneficiary. The different standard that applies was recently examined by Surrogate Mella in In re Frey, NYLJ, July 25, 2013,
Generally, where an infant or someone under another disability is a necessary party to an action, it is the parent or guardian of the property who represents him in that action. If the disabled individual has no such guardian, then the court shall appoint a guardian-ad-litem to represent his interests (see CPLR 1201
In the recent case of Matter of Cheek, Surrogate Holzman of Bronx County addressed two issues that arise with some frequency in the context of Surrogate’s Court litigation – the validity of a decedent’s marriage, and a party’s attempt to vacate a stipulation of settlement. Jaclene D’Agostino discusses the decision in our latest entry.
Continue Reading Validity of Decedent’s Marriage the Focus of Application to Vacate Stipulation of Settlement
Last night, Congress passed the Middle Class Tax Relief Act of 2010, and it is anticipated that President Obama will sign this significant piece of legislation into law today. Its effects will include sweeping changes to the federal estate and gift tax. Jordan S. Linn provides a summary of those portions of the bill our most recent entry.
Continue Reading Farrell Fritz Estate and Gift Tax Alert: Breaking News
See this week’s entry for a message from Eric Penzer regarding the upcoming Fall meeting of the NYSBA’s Trusts and Estate’s Law Section.
Continue Reading NYSBA Trusts & Estates Law Section to Discuss Recent Decisions
The Court of Appeals has rendered a landmark decision, chipping away at privity in holding that an estate fiduciary may maintain a legal malpractice claim against its decedent’s estate tax planning attorneys for negligent representation. Until now, privity, i.e., a legal connection between two parties, was a strict condition precedent to maintaining a legal malpractice
This week’s entry discusses a recent case in which a decedent’s parent sought permission to determine the disposition of her daughter’s remains, despite the priority of the decedent’s spouse pursuant to statute.
Continue Reading Tales from the Crypt: Disposing of Human Remains in New York
This week’s entry, written by Jaclene D’Agostino, discusses a recent New York County Supreme Court decision dismissing a widow’s legal malpractice claim against her husband’s estate planning attorneys. The rationale: lack of privity, despite the fact that the defendant attorneys also represented the widow in her own estate plans, and jointly with her husband in other matters.
Continue Reading Widow Barred from Bringing Legal Malpractice Action against Husband’s Estate Planning Attorneys