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New York Court of Appeals finds that legal fees incurred by fiduciaries in the defense of actions related to an estate or trust are to be equitably allocated among beneficiaries
  • Proskauer Rose LLP
  • USA
  • September 7 2010

In Matter of Hyde, 2010 NY Slip Op 05676 (June 29, 2010), the New York Court of Appeals held that New York Surrogate's Court Procedure Act ("SCPA") Section 2110 "grants the trial court discretion to allocate responsibility for payment of a fiduciary's attorney's fees for which the estate is obligated to pay either from the estate as a whole or from shares of individual estate beneficiaries."

Henry J. Leibowitz
  • Proskauer Rose LLP