With cold winter days a distant memory, Spring brings with it a multitude of decisions from courts throughout the State addressed to issues affecting the field of trusts and estates.
Consider the following:
Award of Legal Fees to Petitioner as Result of Objectants’ Bad Faith
Before the Surrogate’s Court, Ulster County, in In re Langston, was a contested probate proceeding in which the decedent’s four children, who had been omitted from the propounded instrument, filed objections alleging lack of due execution, lack of testamentary capacity, undue influence, and fraud.
Subsequent to the review of relevant medical records and SCPA 1404 examinations by objectants’ counsel, counsel requested additional time to depose the nominated executors under the will, explaining that he was doing so at the insistence of his clients. The record reflected that objectants’ counsel was made aware that the decedent had executed a prior will which had also disinherited his clients. In addition, at a
