The spring season saw multiple decisions of interest to the trusts and estates practitioner. Addressed to such issues as breach of fiduciary duty, powers of attorney, and gifts, these opinions are discussed in this month’s article.

Fiduciary Held Liable for Failing To Invest Estate Funds. In In re Maloy, 2022 NY Slip Op 22100 (Sur. Ct. Monroe County), the three contingent remainder beneficiaries of a trust created under their mother’s will, instituted a proceeding seeking to hold the executor of the estate liable for breach of fiduciary duty for allowing the estate funds to remain uninvested in an account that should have been turned over to the trustee of the trust.

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