When is the executor nominated by the decedent in a will deemed unfit to serve as executor? Rarely – but a recent decision in Surrogates Court set forth the standard and deemed the nominated executor in that case unfit to...more
While undue influence claims are commonly asserted in probate proceedings, especially with the increased prevalence of dementia and similar disabilities, two recent cases from New York’s Appellate Division illustrate how...more
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases.
Brother Gets the Cat – and Not Much Else -
Where the decedent left his brother his “beloved old cat” and a small sum of money, and...more
2/14/2020
/ Appeals ,
Attorney-Client Privilege ,
Beneficiary Designations ,
Contract Drafting ,
Decedent Protection ,
Executors ,
Failure to Monitor ,
Fiduciary Duty ,
Inheritance ,
Marriage ,
Medical Expenses ,
Medical Reimbursement ,
Premiums ,
Probate ,
Spouses ,
Testamentary Trust ,
Testators ,
Trust Assets
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. ...more
10/21/2019
/ Appeals ,
Asset Diversification ,
Asset Management ,
Beneficiaries ,
Business Litigation ,
Charitable Trusts ,
Decedent Protection ,
Diversification Requirements ,
Duty of Prudence ,
Duty to Settle ,
Executors ,
Fiduciary Duty ,
Filing Deadlines ,
General Electric ,
Guardians ,
Health Care Providers ,
Liability ,
Medical Records ,
Motion to Compel ,
Nursing Homes ,
Personal Representatives ,
Philip Morris ,
Probate ,
Request for Production ,
Stocks ,
Surrogate's Court ,
Tort ,
Trustees
The Probate & Fiduciary Litigation Newsletter compiles recent Trust & Estate cases. Our lawyers are at the forefront of this area of the law, shaping how it is handled in the Probate and Family Court. Goulston & Storrs is the...more