While the removal of a fiduciary has long been the subject of Surrogate’s Court opinions, it is not often that the Appellate Division weighs in on the issue. However, in Matter of Epstein, the Second Department did just that, and issued an opinion that serves as an important guidepost for the kind of conduct that warrants removal. Ilene Cooper discusses the decision in our latest post.
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SCPA 711
Can’t We All Just Get Along: When Non-Cooperation Leads to Removal
All too often co-fiduciaries do not see eye to eye in the administration of an estate or trust. They can usually work through their disagreements, but when they cannot, and their arguing and finger pointing have reached a level where their administration reaches a stand-still, one fiduciary might seek to remove his co-executor or co-trustee. Hillary Frommer discusses a recent decision addressing this issue in our latest post. …
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In Terrorem Clause Construed to Apply to Revocation Proceeding

The First Department has issued a noteworthy decision in determining that an in terrorem clause would be triggered by a revocation proceeding. Jaclene D’Agostino discusses the case in this week’s entry.
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