Bruce M Dicicco

August 10, 2023 | New York Law Journal

This article discusses the issue of attorney-client privilege for unpaid attorney members of non-profit boards of directors. The question arises whether or not communications to and from the boards of directors and the board member lawyer are protected by the attorney-client privilege.

By Bruce M. DiCicco

12 minute read

July 29, 2022 | New York Law Journal

This article focuses on the rules of estate administration in the Surrogate's Courts that are applicable in situations that are fairly common for New York City personal injury lawyers.

By Bruce M. DiCicco

11 minute read

April 03, 2017 | New York Law Journal

Bruce M. DiCicco writes: Designating distributions from trusts for the "health, education, maintenance and support" (HEMS) of the beneficiary are "magic" tax words in that they establish a special power of appointment rather than a general power. But whereas the tax results of such standards are well known, how is that familiar tax standard interpreted in New York for purposes of distributions? How can estate planners avoid construction proceedings in order to determine the intent of a grantor when HEMS is the standard for distribution?

By Bruce M. DiCicco

20 minute read

February 23, 2016 | New York Law Journal

Bruce M. DiCicco writes that one of the exceptions to the grant of fiduciary power, generally available to any "natural person or to a person authorized by law to be a fiduciary," is for a "dishonest" person—an exclusion that has been the subject of numerous court decisions over the years but is greatly misunderstood.

By Bruce M. DiCicco

15 minute read

October 23, 2015 | New York Law Journal

Bruce M. DiCicco reviews relevant case law to show that improvidence can be a ground to disqualify or remove a fiduciary but only where there is clear and convincing evidence proximately related to the time of service as the fiduciary and that it is more likely to succeed as a ground where the failure involves financial matters that will affect the estate immediately.

By Bruce M. DiCicco

12 minute read

October 22, 2014 | New York Law Journal

Bruce M. DiCicco writes: One of the most common issues arising in the context of estate and trust administration in my experience is the refusal or failure of a fiduciary to account to the beneficiaries and/or the cestui que trust. Related to that issue are demands for an accounting when there is no right to request an accounting.

By Bruce M. DiCicco

11 minute read

August 26, 2014 | New York Law Journal

Bruce M. DiCicco examines approaches taken around the country to the question of denying inheritance rights to wrongdoers who are mentally incompetent.

By Bruce M. DiCicco

13 minute read

November 18, 2004 | New York Law Journal

Bruce M. DiCicco, a Manhattan attorney, argues that a purchaser, when put on notice either actually or constructively, of the potential rights of others to the subject premises, should have a duty to inquire of all the beneficiaries of an estate as to whether or not the election is being made even though the executor might not have had that duty if some, but not all, the beneficiaries unequivocally gave notice of the election.

By Bruce M. DiCicco

10 minute read

November 20, 2009 | New York Law Journal

Attorney Bruce M. DiCicco writes that a recent opinion may be read to announce that where there is an ongoing fiduciary relationship with the transferor of real property in connection with estate planning, the continuous treatment doctrine tolls the commencement of the statute of limitations for the rescission of a deed created as part of the overall estate plan until the termination of such relationship (in most cases upon the death of the transferor) notwithstanding the existence of a recorded instrument more than six years prior to the date of the action.

By Bruce M. DiCicco

11 minute read

March 04, 2002 | New York Law Journal

T he enactment on June 19, 2001 of the Uniform Principal and Income Act, EPTL 11-A-1 and the additions to the Prudent Investor Act of sections 11-2.3(b)(5) and 11-2.4 of the EPTL are the most recent steps New York has taken to allow fiduciaries to fully adopt contemporary investing techniques commonly referred to as "Modern Portfolio Theory."

By Bruce M. Dicicco And Vaughn WeimerPortfolio Options Expanded For New York Trusts

13 minute read