Surrogate Rita Mella
In a contested accounting, the executor of the estate of Beiter sought to disallow a portion of the legal fees charged by his former counsel. A referee found the legal fees charged against the estate to be reasonable and necessary and recommended that the court order payment in full. The court confirmed the referee's recommendation of the approval of legal fees and disbursements, but rejected the recommendation that pre-decision interest be imposed on the unpaid legal fees of law firm Katten Muchin back to February 2008. The court noted that where, as here, the fiduciary was in good faith, concerned with the magnitude of fees charged even where such fees may later be deemed appropriate, and the fiduciary has not maliciously caused delay, that fiduciary should not be forced to risk liability for surcharge in order to avoid exposing the estate to liability for pre-decision interest.
