MHL ARTICLE 81 - New York State Unified Court System

Estate of Marguerite Porter, 2007 NY Misc LEXIS 5656; 238 NYLJ 17 (Surr. Ct., Richmond
Cty.) (Surr. Fusco)
Surrogate Court set fee of attorney for Guardian of deceased IP pursuant to terms of a stipulation.
Estate of Hornik, NYLJ, 11/9/06, p. 30, col. 3 (Surr. Ct. Queens Cty. 2006)(Surr. Nahman)
Surrogate’s Court denies without prejudice an application by the guardian of the decent for
compensation and refers the guardian back to Supreme Court where the guardianship was handled.
rd
Estate of Rose BB, 16 A.D.3d 801; 791 N.Y.S.2d 201(3 Dept. 2005), revised judgement
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affirmed 35 A.D.3d 1044; 826 N.Y.S.2d 791 (3 Dept., 2006)
IP died and the guardianship proceeding was transferred to the Surrogate’s Court and consolidated
with a probate proceeding. The parties to the guardianship proceeding enter into a Stip on the
records agreeing that the Surrogates Court would determine the fees due in the guardianship
proceeding. Guardian submitted final accounting in the Surrogates Court and it was later approved
by the Appellate Division. Petitioner in the Art 81 proceeding moved in Surrogates Court for
counsel fees pursuant to the Stip. and after hearing the Surrogates Court enters an order directing
payment fo fees to be paid by the respondent in this appeal who was the other party to the stip.
Respondent argues that the petitioners fee was untimely but court finds that it was delayed by
appeals, some of which were required due to respondents behavior. Second, respondent argues that
the Surrogates Court cannot determine the fees due from the guardianship proceeding but the
Appellate Division rejects that argument holding that “when appropriate, counsel fees may be
awarded in situations where the misconduct of a fiduciary brings about the expense.”
Estate of Josette Pyram, NYLJ, 1/8/04, p. 31, (Surr. Ct., Queens Cty.)(Surrogate Nahman)
The request for legal fees in an Article 81 proceeding which resulted in the appointment of a
Guardian for the decedent was denied by Surrogate’s Court without prejudice to request such fees
in the Guardianship Part of Supreme Court.
Matter of Miriam Shapiro, NYLJ, 9/34/03, p. 22 (Surr. Riordan)
Where IP died, her attorney for the Art 81 proceeding should submit bill for services to the Art 81
court, not the Surrogate’s court during probate.
e. Fees set by other courts
(i) Foreign courts not binding
Matter of Serrano, 179 Misc.2d 806; 686 N.Y.S.2d 263 (Sup. Ct., Bronx Cty., 1998)
Article 81 guardian, with court permission, bought home in Puerto Rico for IP and then sought order
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