The jurisdiction of the Surrogate’s Court is not often the subject of decisions emanating from that bench. Indeed, since the decision in Matter of Piccione, 57 NY2d 278 (1982), the Surrogate’s Court has taken an expansive view of its role in determining matters affecting the affairs of a decedent and the administration of a decedent’s estate, and has found little need to opine on the subject. Nevertheless, within the past several months, both the Surrogate’s Court and the Appellate Division have confronted the issue of the surrogate’s jurisdiction with respect to such issues as attorney fees, foreclosure proceedings and Totten trust accounts. The divergent views of the bench on this subject are instructive.
Attorney Fees Disputes
The Surrogate’s Court has generally taken a broad approach when confronted with the issue of its subject matter jurisdiction. Consider the following:
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