The past several months have witnessed significant decisions on a multitude of issues affecting the field of trusts and estates. While typically this column has taken a themed approach, the adage “variety is the spice of life” comes to bear in this month's column, which will address some of the many topics of interest to the Surrogate's Court practitioner.

Counsel Disqualification Denied

Before the Surrogate's Court, Bronx County, in In re Stanescu, was a contested probate proceeding in which the objectant, one of the decedent's two sons, moved to disqualify counsel for the petitioner, who was the nominated executor under the propounded will and nominated successor trustee of the decedent's revocable trust.

The decedent died survived by two sons and a daughter. Approximately two months before her death, she executed a will that directed that the residue thereof pour over into an inter vivos trust executed on the same day. Both instruments were attorney drafted and supervised, and were witnessed by two attorneys and a paralegal from the drafting attorney's law firm.

In support of his motion for disqualification, the objectant alleged, inter alia, that counsel previously represented him in a substantially similar matter that related to the estate, that the interests of the petitioner and counsel were materially adverse to his interests, thereby creating a conflict of interest for the firm, and that counsel assisted the petitioner in shielding income belonging to the decedent's estate. In opposition to the motion, counsel asserted that it never represented the objectant in any matter, and that the same issue was decided against disqualification in a Supreme Court action involving the objectant and the same facts. Counsel further noted that objectant's motion was brought more than five years after the commencement of the proceeding, and, thus, was designed solely to delay the matter and harass the petitioner.