A New Year Begins: Fiduciary Fees, SCPA 1404 Examinations and More

February 07, 2022

As the year 2021 came to an end, and working remotely and virtual court appearances remained the norm, the Surrogate’s and Appellate Courts steadfastly continued to render decisions of interest impacting the field of trusts and estates. With the beginning of 2022 upon us, we consider the opinions that rounded out 2021, and those that opened the pages of the New Year.

Decree of Probate Vacated; Fees of Former Fiduciary Partially Allowed. Before the Surrogate’s Court, Ulster County, in In re Linich, NYLJ, Dec. 20, 2021, at 17, was a contested accounting proceeding in which the executor of the decedent’s estate objected to the payment of the legal fees, disbursements, and commissions requested by the former fiduciary.

The decedent died testate with a will dated in July, 2015, naming his business agent as his sole beneficiary and executor. The probate of that instrument was contested by the decedent’s niece, who was the proponent of an earlier instrument, dated March 11, 2011.

Ilene Sherwyn Cooper is a partner with Farrell Fritz, P.C. in Uniondale, where she concentrates in the area of trusts and estates.

Reprinted with permission from New York Law Journal, Monday, February 7, 2022, Vol 267 – No. 25. 

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