Appellate Court Update: Fiduciary Removal, Lack of Jurisdiction, Claim Not Time Barred

April 05, 2022

Over the past several months, Appellate Division departments have considered a wide range of issues affecting the field of trusts and estates. The opinions discussed below provide valuable instruction to the estate practitioner.

Court Directs Removal Of Co-Fiduciary on Grounds of Hostility

In Matter of Epstein, 2022 WL 302684 (2d Dep’t), the Appellate Division, Second Department, reversed a decree of the Surrogate’s Court, Suffolk County (Braslow, S.) which, after a nonjury trial, inter alia, denied the petitioner’s request to revoke the letters testamentary issued to her co-fiduciary, and modified the decree of the same court, which denied the petitioner’s request to revoke the letters of trusteeship issued to her co-trustee, and substituted therefor a provision that the application be granted.

The decedent died, testate, on Aug. 17, 2008, survived by two daughters (the petitioner and the respondent, respectively,), and three grandchildren. Pursuant to the pertinent provisions of his will, the decedent created generation skipping trusts (GST) for the benefit of his grandchildren and devised and bequeathed the residue of his estate in equal shares to his daughters. Upon admission of the decedent’s will to probate, letters testamentary and of trusteeship issued to the petitioner and the respondent, as the nominated executors and trustees thereunder.

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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