11 Nov Co-Administrator’s Conduct Reflects Want of Understanding of Her Fiduciary Duties
Bronx Surrogate Nelida Malave-Gonzalez recently ruled that a son’s uncontroverted allegations....
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11 Jul David L Lewis, a former partner in Lewis & Fiore retired from private practice upon being appointed a Judge of the New York State Court of Claims
David L Lewis, a former partner in Lewis & Fiore retired from private practice upon being appointed a Judge of the New York State Court of Claims in June. Most recently David served as Counsel to the New York State Senate. Judge Lewis handled many...
22 May Court refuses to allow advanced retainer fee to be paid out of estate funds
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...
13 Apr Surrogate: Heirs must sell house to pay administrative expenses
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...
23 Mar Good Will Drafting Provides for all Contingencies
Attorney-drafter brought a construction proceeding to have the court authorize making gifts under the will to two substitute Jewish charities in the place of Graenum Berger a charitable organization named in the original Will which was no longer functioning. Bronx County Surrogate Nelida Malave-Gonzalez found...