One of the most fundamental duties of a fiduciary is the duty of loyalty. That is, every fiduciary must administer the estate or trust subject to his or her stewardship solely in the interests of the beneficiaries. If a fiduciary
New York Trusts & Estates Litigation
The New York Trusts & Estates Litigation blog, published by Farrell Fritz, P.C., focuses on legal issues related to trusts, estates, and probate matters within New York State. It covers topics such as contested wills, trust administration, guardianship proceedings, estate tax considerations, and the enforcement and interpretation of trust provisions. The blog also addresses recent court decisions impacting estate planning and litigation, including issues like lost wills, in terrorem clauses, and the use of artificial intelligence in legal evidence. It provides updates on statutory changes, procedural requirements in Surrogate's Court, and fiduciary duties relevant to estate and trust disputes.
Latest from New York Trusts & Estates Litigation - Page 5
Death and Digital Content: Protecting Digital Assets After The Death Of A User
In 2016, the New York Legislature enacted a version of the Uniform Law Commission’s Revised Uniform Fiduciary Access to Digital Assets Act in Article 13-A (“Article 13-A”) of the Estates, Powers and Trusts Law (“EPTL”). As illustrated by two recently…
Where to Domicile or Where Not to Domicile. That is the Question.
In a recent decision in the Estate of Grunwald (NYLJ Jan. 28 2019, at 33 [Sur Ct, Richmond County]), Surrogate Titone aptly noted that “the concept of domicile is … very important in the Surrogate’s Court.” True words indeed. Where…
Wrongdoer Deprived of Elective Share
Pursuant to the provisions of EPTL 5-1.1-A, every surviving spouse of a domiciliary decedent is entitled to a statutory right of election. While a surviving spouse may be disqualified from an elective share under any one of the circumstances enumerated…
Testator Intent and In Terrorem Clauses
My colleagues have written on the enforceability of in terrorem clauses, and the courts continue to confront challenges in reconciling the testator’s intent to impose an in terrorem condition with the rights of beneficiaries to challenge the conduct of their…
Hasta La Vista, Exoneration Clauses
In late-August 2018, Governor Cuomo signed into law amendments to EPTL § 11-1.7 regarding exoneration clauses in lifetime trusts, drafted by Rob Harper and Ilene S. Cooper as members of the New York State Bar Association’s Trusts and Estates Law…
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…
“Can I sue them for legal fees?”
This is a common question from clients involved in litigation – – especially estate litigation. As a general rule, a party cannot recover attorney’s fees for successfully prosecuting or defending a lawsuit. This is the “American Rule,” and it is…
Heart v. Head: A Judge’s Conundrum
Judicial oaths require that judges rule on the law, putting their personal feelings aside. Indeed, judges’ personal opinions are presumed to be non-factors in judicial decision making as judges are charged to uphold the letter of the law regardless of…
Waiver of Right of Election: Correction of Defective Acknowledgment
With a specific statute mandating that pre-nuptial agreements must be acknowledged, and with a specific statutory form of acknowledgment, it is surprising that there has been so much litigation over missing or defective acknowledgements and whether they can be cured…