Former Judge C. Raymond Radigan,left, and Margaret B. Rahner,right, of Ruskin Moscou Faltischek. Courtesy photos Surrogate's Court: Seeking Advice for Construction or Direction
More often than not, it is the fiduciary that is looking for the court to tell them what to do or otherwise agree with what they want to do. In this article, C. Raymond Radigan and Margaret B. Rahner highlight the ambiguity in intent and uncertainty in the direction for the fiduciary to follow.
November 03, 2023 at 10:00 AM
6 minute read
A subtitle from a recent NYLJ case digest summary reads: "Petitioner Not Allowed to Seek Court's Advice For Purposes of Trust Construction" (NYLJ, Oct. 2, 2023, Case Digest: Application of Lazar Follman). In this matter, the petitioner initially brought the matter as a construction proceeding and respondent argued that petitioner actually sought advice and direction from the court without showing extraordinary circumstances.
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