As we continue to open our courts and office doors, the Surrogate’s and Appellate Courts throughout the state have been busy addressing a multitude of issues affecting trusts and estates practice. Opinions examining legal fees, breach of fiduciary duty, and statutory commissions are at the forefront of this month’s column.

Second Department Examines Fee Arrangements

In In re Cooper, 2021 N.Y. App. Div. LEXIS 4138 (2d Dep’t 2021), the Appellate Division, Second Department, modified an Order of the Surrogate’s Court, Nassau County, which awarded legal fees to present and former counsel for plaintiff in a proceeding to compromise a cause of action for the decedent’s wrongful death.

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