LexisNexis® Legal Newsroom
Dishonesty as a Grounds for Ineligibility as a Fiduciary

Pursuant to NY Surrogates Court Procedure Act (SCPA) 707 , letters may issue to a person authorized by law to be a fiduciary, except in the circumstances specifically enumerated in the statute. The allegation that a petitioner is "incompetent to execute the duties of his office by reason of...

To The Victor Goes The Spoils: A Review of the Pro Tanto Rule

What's fair is fair - or at least that's the concept behind the pro tanto rule wherein a surcharge against a fiduciary is limited to the interest of the objecting party and not the other beneficiaries who stood by and failed to act in their own interest. In the absence of an objection, the account...