New York Law Watch
Trusts, Estates and Guardianship: 2026 decisions
Management and transfer of property through trusts, estates and guardianships are filed here, including records on fiduciary powers and Surrogate’s Court proceedings.
For Trusts, Estates and Guardianship, 2026 decisions, Law Watch lists 13 indexable decisions dated July 24, 2026 to November 12, 2026 across 7 decision weeks.
15 decision records: 13 meet the substance floor; 2 records are held from search listings.
Week ending November 14, 2026
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- In the Matter of the Estate of David Howansky, Deceased. Timothy Howansky, Appellant; David Howansky Jr. et al., Respondents, et al., Respondent.2026 NY Slip Op 06604
The appeal is dismissed as moot because the successor executor resigned and an independent fiduciary was appointed, rendering the challenge to the appointment without practical consequences. Additionally, the petitioner is not an aggrieved party regarding the will’s probate because he consented to its admission.
Week ending October 31, 2026
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- Matter of Winter2026 NY Slip Op 06310
The court reversed the Surrogate’s Court’s order disqualifying the surviving spouse from receiving letters of administration, finding that the sister failed to meet her burden of proving abandonment. The court held that the evidence presented, consisting of unsigned and unsworn documents, was insufficient to establish disqualification under EPTL 5-1.2.
- Matter of Jessica L.M. (Deborah M.)2026 NY Slip Op 06306
A ward subject to a guardianship proceeding under SCPA article 17-A is constitutionally entitled to select counsel of their own choosing. The Surrogate’s Court erred in disqualifying the petitioner’s retained counsel and appointing new counsel because the record demonstrated the petitioner freely and independently retained her attorney.
Week ending October 17, 2026
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- Matter of S.N.C. also known as S.N.G. An Alleged Incapacitated Person v Michael Goldman2026 NY Slip Op 06004
The Appellate Division affirmed the revocation of a power of attorney because the agents breached their fiduciary duties by paying themselves without proper documentation and mismanaging the incapacitated person’s accounts. The court rejected the argument that the power of attorney remained valid solely because the principal was competent when it was executed, citing statutory language to the contrary.
- Matter of Guralny2026 NY Slip Op 06001
The court affirmed the lower court’s order declaring the lifetime trust null and void because no assets were transferred to it during the decedent’s life. Consequently, the estate must be distributed pursuant to intestacy laws rather than the trust’s directives.
Week ending October 10, 2026
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- Matter of Elmezzi2026 NY Slip Op 05788
The Appellate Division affirmed the dismissal of the petitioners’ claim for a constructive trust, finding that they failed to establish the elements of promise, reliance, and unjust enrichment by clear and convincing evidence. The court deferred to the Surrogate’s Court’s credibility determinations made during the nonjury trial.
- Matter of Covington2026 NY Slip Op 05785
The Surrogate’s Court erred in dismissing the petition without a hearing because the verified allegations indicated the testator’s intent was not clear and unambiguous. The matter was remitted to allow the petitioner the opportunity to submit proof to establish the decedent’s intent.
- Matter of B.R. (A.C.)2026 NY Slip Op 05733
The Supreme Court properly authorized the co-guardian to change beneficiary designations and reform LLC operating agreements to align with the incapacitated person’s prior estate plan, as permitted by Mental Hygiene Law § 81.21. The court rejected the argument that the statute is limited to lifetime transfers and found that the appellant failed to comply with the operating agreements’ requirements for continuing the business.
- IKB Intl. S.A. v U.S. Bank, N.A.2026 NY Slip Op 05726
The court reinstated claims regarding disclosed noncompliance events of default and mortgage file defects, finding that issues of fact precluded summary judgment and that liquidation does not automatically bar repurchase enforcement claims. It also granted plaintiffs summary judgment on standing for specific contract claims while dismissing claims based on ratings downgrades that did not meet the required threshold.
Week ending October 3, 2026
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- Matter of Gil R. (Dan R.)2026 NY Slip Op 05541
The Supreme Court properly exercised its discretion in awarding attorney’s fees and evaluator costs to the petitioner’s counsel and the court-appointed evaluator, as it provided an adequate explanation referencing the required factors. The appellate court affirmed the order denying the decedent’s motion to vacate the fee award.
Week ending September 5, 2026
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- Schwartz v Goldstein2026 NY Slip Op 05203
The court affirmed the dismissal of the plaintiffs’ claims for conversion and breach of fiduciary duty, finding that the defendant, as successor trustee, rightfully possessed the sale proceeds and the plaintiffs lacked a superior ownership interest. Additionally, the court denied the plaintiffs’ cross-motion to amend the complaint to add their mother as a plaintiff because the proposed amendment was patently devoid of merit.
Week ending July 25, 2026
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- Matter of Simmons (Simmons)2026 NY Slip Op 04675
The court vacated the lower court’s order removing the respondent as co-trustee because the facts regarding his alleged misconduct were disputed. A hearing was required to make credibility determinations before exercising discretion to remove a fiduciary under SCPA 711 or 719.
- Matter of DeLine2026 NY Slip Op 04674
The court affirmed the dismissal of the petition because the petitioners lacked standing to compel an accounting of the credit trust. The petitioners were not beneficiaries of the trust after the mother exercised her power of appointment to distribute assets to others.
Also decided
- Matter of Solomon 2026 NY Slip Op 04688 July 24, 2026
- Matter of LE (NS) 90 Misc 3d 307 April 13, 2026