New York County Surrogate Nora Anderson recently denied a summary judgment motion on an objection based on undue influence. The proponent of the will started as decedent’s part-time health aide and became indispensable when decedent required continuous attention Decedent was accompanied by proponent on visits...
Surrogate Frank Labuda ruled that under SCPA §2110 the court had discretion to award attorney fees from estate funds to pay legal fees for service renderd by consel to the estate fiduciarybut would not allow payment of attorney fees from estate funds for future legal...
Suffolk County Surrogate John Czygier Jr. in a recent decision order the fees of Court appointed Guardian ad Litems to be paid personally by a Trustee who distributed trust funds not leaving enough money in the Trust to pay the court ordered fees...
Manhattan Surrogate Rita Mella decided to order a posthumous genetic marker test in the contested proceeding to compel the account of the estate’s administrator The court noted it must determine if ordering the test was practicable and reasonable and would impose undue hardship on decedent’s...
New York County Surrogate Rita Mella found a will signed by the decedent to be valid despite his advanced age and some visual impairments. Because execution was supervised by an attorney and there were contemporaneous affidavits of attesting witnesses reciting the facts of due execution...
Surrogate Robert Gigante from Richmond County recently held that in a situation where a house was the sole asset of an estate the sale of the real property was expressly allowed by a fiduciary to pay administrative expenses, estate taxes and debts, and the respective...