ESTATE OF BARBARA RIFKIN, Deceased (22-972) — In this probate proceeding the court appointed Sylvia E. Di Pietro, Esq., as guardian ad litem (hereinafter “GAL”) to protect the interests of Henry Simon Rifkin. In determining reasonable compensation for legal services rendered by the GAL, the court may consider a number of factors. These include, but are not limited to (i) the time spent (see Matter of Kelly, 187 AD2d 718 [2d Dept 1992]); (ii) the complexity of the questions involved (see Matter of Coughlin, 221 AD2d 676 [3d Dept 1995]) and the nature of the services provided (see Matter of Von Hofe, 145 AD2d 424 [2d Dept 1988]); (iii) the amount of litigation required (see Matter of Sabatino, 66 AD2d 937 [3d Dept 1978]); (iv) the amounts involved and the benefit resulting from the performance of such services (see Matter of Shalman, 68 AD2d 940 [3d Dept 1979]); (v) the lawyer’s experience and reputation (see Matter of Brehm, 37 AD2d 95 [4th Dept 1971]); and (vi) the customary fee charged by the Bar for similar services (see Matter of Potts, 123 Misc 346 [Sur Ct, Columbia County 1924], aff’d 213 AD 59 [4th Dept 1925], aff’d 241 NY 593 [1925]; Matter of Freeman, 34 NY2d 1 [1974]). GAL reports that she spent 4 hours and 30 minutes working on this appointment, including writing her report and supplemental report, and that her billing rate is $650 per hour. The billing rate seems excessive given the modest estate and lack of complexity in this matter. After review of the time records, the court will allow the 4 hours and 30 minutes of time but will reduce the hourly rate awarded to $400 per hour, a rate well within the bounds of the customary fee charged for services of the nature performed by GAL. Accordingly, Sylvia E. Di Pietro, Esq.’s compensation as guardian ad litem is set at $1,800.00. Dated: March 13, 2024
ESTATE OF GARSON KANIN, Deceased (99-1236/B) — In the contested accounting proceeding in the estate of Garson Kanin, Martha Wilson (Wilson) moves for an order joining her as a party to this proceeding. The motion is opposed by respondent beneficiary Author’s League of America, Inc. (ALA). Decedent, an author and playwright, died in 1999. Under his will, admitted to probate on May 24, 1999, he bequeathed certain copyrights to a marital trust (Trust) created for the lifetime benefit of his spouse, Marian Seldes (Seldes), and upon her death, such copyrights were to be distributed to ALA. Seldes and Jerrold Gold (Gold) were appointed co-executors of the will and co-trustees of the Trust. Gold had discretionary power to invade the principal of the Trust for Seldes’s “maintenance, support and health.” However, the Trust was never funded, and the executors transferred the copyrights directly to Seldes. Seldes died in 2014 and under the terms of her will, admitted to probate on February 26, 2015, the copyrights were to be transferred to a testamentary trust for the lifetime benefit of Wilson, who had been a long-time employee of both Kanin and Seldes.
