If you are considering objecting to a will, the Surrogate’s Court Procedure Act provides you with the right to question the drafting attorney. But what should you ask? The questions for each specific case will vary. However, in most cases you should ask questions about the attorney’s background and qualifications, the attorney’s prior interactions […]
William J. Keniry and Brian M. Quinn are experienced attorneys practicing Trusts & Estates law in New York State. Read more about what these leading litigation practitioners have to say about news and insights on the industry.
Generally, the fiduciary is entitled to recover the cost of attorney’s fees as a reasonable and necessary administration expense. However, SCPA 2110 also authorizes the court to award attorney’s fees for legal services rendered to a beneficiary. The court may direct payment directly from the estate or from another beneficiary’s share in the estate (SCPA […]
A decedent may create a trust during his or her lifetime. What happens after the decedent dies? Does the Surrogate’s Court have jurisdiction to compel a trustee to account to a beneficiary or determine other matters relating to the trust? SCPA § 207 provides two separate grounds upon which the Surrogate’s Court may […]
There are several grounds to object to the estate paying the fiduciary’s legal fees. One of the most basic objections is to challenge the reasonableness and necessity of the legal services performed (see Matter of Bradley, 128 Misc 2d 240, 241 [Sur Ct, Nassau County 1985] [reducing the attorney’s fee because “some of the work […]
SCPA Article 21 provides a procedural vehicle for the Estate to recover assets wrongfully obtained from a decedent. The Estate’s fiduciary may file a petition under these provisions to identify and recover estate assets held by a third party. “The fiduciary bears the burden to prove that property held by a respondent is an estate […]
When representing clients looking to challenge a will, we like to take full advantage of pre-objection discovery. It is particularly helpful to review as much information about the decedent as possible prior to conducting the SCPA 1404 examination. We like to request and review the following types of documents: Drafting Attorney’s Case File. The best […]