Decedent’s wife sought a determination she was entitled to an elective share of her husband’s estate. Decedent’s sons took the position that the marriage was the product of undue influence as decedent lacked capacity. ...
Bronx Surrogate Nelida Malave-Gonzalez recently granted executors’ SCPA 2103 petition ordering decedent’s wife to vacate a co-op unit. The wife objected, challenging the contract’s validity and arguing she never consented to it. The Court held that the Executors were duty-bound to marshal the...
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...
Surrogate Margarita Lopez Torres recently ruled in a Kings County Surrogate’s Court matter that an attorney’s refusal to sign a substitution of attorney stipulation was a “futile and disturbing attempt to avoid discharge,” and his motion for a judgment constituting fees owed “woefully insufficient.” ...
Fiduciary Ordered to Repay Excess Legal Fees and Commissions with Interest New York County Surrogate Rita Mella recently issued a decision ruling that an estate fiduciary must refund any amount in excess of the legal fee allowed by the court In this contested judicial accounting proceedings. ...
