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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Surrogate's Court
The Case Settled

Courts greatly appreciate when parties settle their disputes by agreement. Settlements alleviate the courts of the burden of overwhelming caseloads, and further the public policy of encouraging parties to order their affairs by contract rather than relying on statute and common law. As the Surrogate’s Court recently reiterated in Matter of Eckert, “stipulations of…
The Remedy of Eviction in the Surrogate’s Court

When thinking of the Surrogate’s Court, jurisdiction over eviction proceedings does not normally come to mind. Yet, over the past 18 months, the Surrogates of New York and Bronx counties have found cause to order an eviction from estate or trust property in order to facilitate its sale. Ilene Cooper discusses those cases in our latest post.
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The Path to Disclosure of a Decedent’s Digital Assets: Settled or Evolving?

There have been several New York decisions addressing the evolving issue of access to a decedent’s digital assets since our last post on the subject one year ago. Our latest post provides an update as to the state of the law in this area.
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Treasure and Trinkets

It is easy to be cynical about the “pots and pans,” “tchotchkes,” and “junk” – – the property that is often divided in a contentious manner at the bitter end of an estate litigation, or sometimes forgotten after years of litigation. An ongoing dispute in one of my cases led me to reflect on a…
Jury Trials in Surrogate’s Court Removal Proceedings

As parties prepare for trial before the Surrogate’s Court, a question that oftentimes arises is whether there is a right to a trial by jury. In this entry, Robert Harper explains why no such right exists in the case of proceedings concerning the removal of a fiduciary.
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