In Estate of Mathai Kolath George, the Appellate Division, Third Department applied the fiduciary tolling rule to a constructive trust claim in a case involving a fiduciary’s misconduct and her removal. There, after the decedent passed away, the estate’s fiduciary terminated the decedent’s contract for the purchase of a mansion and entered into a new […]
In this Mental Hygiene Law article 81 proceeding, we successfully defended the petitioner/guardian on an appeal. There, the petitioner was appointed as the guardian of James H. After extensive litigation, the petitioner applied for and received an order awarding counsel fees and compensation for guardian services pursuant to Mental Hygiene Law § 81.28 (a). In […]
“Under the general rule, attorneys’ fees and disbursements are incidents of litigation and the prevailing party may not collect them from the loser unless an award is authorized by agreement between the parties or by statute or court rule” (A. G. Ship Maintenance Corp. v Lezak, 69 NY2d 1, 5 [1986]). This rule limits this […]
In a 3-2 split decision, the Appellate Division, Third Department reversed an order of the Surrogate’s Court of Albany County (Maney, S.), which had denied our motion seeking to disqualify the other side’s counsel. The appellate court agreed that opposing counsel was disqualified from representing the other side in the case based on opposing counsel’s […]
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 […]
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 generally or from certain funds in the hands of […]