co-executors of an estate

• In re Estate of Knowlton, (Ohio 2006)

Wills/Trusts - Procedure/Rules: The removal of an executor is committed to the sound discretion of the probate court: a magistrate did not err by refusing to remove co-executors of an estate on the basis of allegations concerning a conflict of interest and a failure to act as an unbiased fiduciary; on the basis of the evidence in the record, the magistrate’s findings regarding a property transaction and the steps taken by a law firm to prevent a conflict in its representation of the deceased and other interested parties were not arbitrary, unreasonable, or unconscionable. The probate court did not err in the way it reviewed the magistrate’s recommendations: the court held a hearing, afforded the parties the opportunity to present new evidence, and provided independent reasoning and ...

• Ohio Supreme Court

• Court Orders Recalculation of Contingency Fee

Finding a 50 percent contingency fee large enough to be unenforceable based on the circumstances of the case, Monroe County Surrogate's Court Judge Edmund Calvaruso recalculated the fee to be 33.3 percent of the recovery of a civil litigation. In the Matter of the Accounting by Russell Artuso and Patrick Artuso, as Co-Executors of the Estate of Ida Gargaro, the objectants questioned the attorney's fees claimed by an attorney hired to investigate the assets of the decedent. Specifically, the objectants claimed the 50 percent contingency fee charged under a second retainer agreement was excessive and beyond the market rate for the services provided. Judge Calvaruso reviewed the facts of the case along with relevant case law before amending the contingency fee.

• Daily Record (Rochester, NY)
• July 09, 2004

• Current developments in S corporations.

... of the election, the co-executors for an estate failed to consent on behalf of the estate. In addi...

• The Tax Adviser
• Vol. 41 Nbr. 11, November 2010

• Estate of Vincent J. Duncan, Sr., Deceased, Northern Trust, NA and Vincent J. Duncan, Jr., Co-Executors, (2011)

• United States Tax Court

• Unpublished Disposition Notice: Sixth Circuit Rule 24(C) States that Citation of Unpublished Dispositions is Disfavored Except for Establishing Res Judicata, Estoppel, or the Law of the Case and Requires Service of Copies of Cited Unpublished Dispositions of the Sixth Circuit. Kinghaven Farms Limited, an Ontario, Canada Corporation, Plaintiff-Appellant v. Estate of Maxwell H. Gluck D/B/A/ Elmendorf Farm; Elmendorf Farms, Inc.; Leonard Marx, Sr.; Donald Reifler; and Muriel Gluck as Co-Executors of the Estate of Maxwell H. Gluck D/B/a Elmendorf Farm; and Jack Kent Cooke, Individually; Jack Cooke Incorporated; Leonard Marx, Sr.; Donald Reifler and Muriel Gluck, Individually, Defendants-Appellees., 822 F.2d 59 (6th Cir. 1987)

• Federal Circuits

• In re Estate of Stockmaster, (Ohio 2012)

C. 2113.36 allows an estate to reimburse the executor for the cost of reasonable attorney fees. In determining what attorney fees are reasonable, the trial court must consider Prof.Cond.R. 1.5. Trial court's determination of reasonable attorney fees under R.C. 2113.36 will not be reversed absent an abuse of discretion.

• Ohio Supreme Court

• The power of a will: estate planning to protect your family's future.

• The National Public Accountant
• Nbr. 2003, June 2003

• Ny State Surrogate's Court, Madison County Finds Attorney Acted Inappropriately As Executor

Finding an attorney, who acted as co-executor and financial advisor to the decedent's estate, engaged in various conduct that was inappropriate and which resulted in a substantial loss to the estate, New York State Surrogate's Court, Madison County ruled he should be removed from his position as executor. In the Matter of the Judicial Settlement of the Final Account of E. Tefft Barker and Dorothy Ritchie as co-executors of the estate of Dorothy C. Witherill, Judge Dennis K. McDermott found the executor wrongfully converted money from the decedent's funds, made an improper investment which resulted in a substantial loss to the estate, paid claims without investigating them and delayed paying distributions to the estate. The court ordered the executor to reimburse the estate with interes...

• Daily Record (Rochester, NY)
• July 07, 2005

• Briefly

California Jackson autopsy show postponed

... and a request by the late superstar's estate as reasons for the postponement. John Branca and J...

• The Commercial Appeal (2007-Current)
• January 03, 2011

• Conrad Janis; Maria G. Janis, Petitioners-Appellants, v. Commissioner of Internal Revenue, Respondent-Appellee., 461 F.3d 1080 (9th Cir. 2006)

... art collection included in his father's estate. On the premise that flooding the market with a la...

• Federal Circuits