When representing fiduciaries in litigation that estate and trust beneficiaries commence, my Farrell Fritz, P.C. colleagues and I seek to limit the fiduciaries’ exposure to liability. One way to accomplish that objective is to narrow the period for which beneficiaries have standing to compel fiduciaries to account. In Yonke v. D’Angelo, New York County
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Lessons to be Learned From the Power of Attorney
By Ilene S. Cooper on
Posted in Legal Profession
Powers of attorney and trust instruments have each been the subject of many an estate plan. They each have also been the subject of multiple estate litigations. In combination, the two have served as fodder for controversies surrounding the agent’s authority over the trust and its terms. Two decisions — Matter of Goetz and Matter of Perosi v. LiGreci — have addressed the issue, albeit with different results. Both decisions provide valuable instruction for drafters and litigators. Ilene Cooper discusses these cases in our latest entry.
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