The Estate of Rudolph G. Gulbrandsen NY Slip Op 50814(U) presents some interesting aspects of the issue of conflict of interest involving a fiduciary. The decision, by Dutchess County Surrogate James D. Pagones was republished on May 15 at page 23 of the New York Law Journal and deals with the case of Sara Jane Gulbrandsen who was convicted of killing her husband Rudolph and is now serving a prison sentence for that crime.Continue Reading Conflict Of Interest Must Involve Actual Misconduct To Warrant Removal Of Fiduciary

New York’s Fourth Department Appellate Division has ruled against an attempt at revoking a waiver and consent to probate in theMatter of the Estate of Ashley Robert Titus 2007 Slip Op 3435. In this action, the petitioner was a CPA with a Masters in business administration who signed the document before a Surrogate and…

A recent decision of New York State’s Third Appellate Division reversed the Albany County Surrogate in the Matter of the Estate of Frederick A. Scale 830N.Y.S.2d 618(A.D. 3 Dept 2007). It was determined that the lower court had wrongfully relied upon the affidavit of a will drafter rather than looking to the testator’s true intent as to which charitable organization he wished to have benefit from his estate.
Continue Reading Testator’s True Intent Must Be Determined In Construction Proceeding

In Re Estate of Ruparshek828N.Y.S.2d623 was decided by New York’s Third Department Appellate Division earlier this year. In modifying a decision of the Otsego County Surrogate’s Court, it once more stressed the heavy burden of proof needed to establish undue influence.
Continue Reading Otsego Surrogate Finds Lack of Undue Influence

The New York State Supreme Court’s Third Department Appellate Division has affirmed  the Madison County Surrogate’s  decision in the Estate of Wetherill 828 N.Y.S. 2d 722  which surcharged and discharged an executor for improper exercise of his fiduciary duty. This was a matter where two executors were appointed to serve under the decedent’s will but only one was disciplined.Continue Reading Executor Surcharged and Discharged For Failing to Properly Manage Estate

New York State Supreme Court’s Fourth Department  Appellate Division has reversed a decree of Monroe County Surrogate Edmund A. Calvaruso and, by  so doing has enabled Elizabeth McNabb to share in a testamentary trust originally created by Florence S. Woodward in 1926. The trust, which has a current day value of approximately 9.5 million dollars was established with shares of stock from the Jello fortune. This decision has been reported in the March 23, 2007 New York Law Journal in the Matter of Accounting by Fleet Bank, Docket No 229.
Continue Reading Jello Heiress to Receive Just Desserts

Nassau County Surrogate John Riordan has ruled in favor of reconstructing a testamentary trust in the Estate of Goldie Hyman, a case reported in the March 7th issue of the New York Law Journal at page 21. Even though this matter was uncontested, it presents a rather interesting fact pattern, especially in light of today’s increasingly complicated web of medicaid regulations.
Continue Reading Court Allows Reform of Trust to Reflect Testator’s Intent

In theEstate of Jerome Silverstein, 827NYS2d 50,a case before the New York State Supreme Court’s First Appellate Division, it was held that trustees breached their fiduciary responsibility of loyalty by allowing immediate family members to occupy trust property at no rent or for rent far below fair market value.
Continue Reading Trustee Breached Fiduciary Duty For Failing To Charge Fair Market Rental For Trust Property