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In re Estate of Dermanouelian
51 A.3d 327
R.I.
2012
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Background

  • Estate of Aram Dermanouelian appeals a Superior Court judgment affirming summary reversal of a Probate Court order.
  • Probate Court struck the appearance of an attorney engaged by Co-Executor Ms. Dermanouelian to represent her in her co-executor capacity.
  • Estate contends a co-executor cannot unilaterally hire counsel and that such hires impose expense on the estate.
  • Ms. Dermanouelian argues she has the right to hire independent counsel at her own expense to advise her as co-executor.
  • Superior Court reversed the Probate Court, ruling a co-executor may independently hire counsel at personal expense; the Estate appeals.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether a co-executor may hire independent counsel at personal expense Dermanouelian: yes, personal right to independent counsel Estate: no, co-executors must rely on estate-paid counsel or majority action Yes; co-executor may independently engage counsel at personal expense

Key Cases Cited

  • Conway v. Parker, 250 N.W.2d 266 (N.D. 1977) (owner may hire his own counsel at his own expense)
  • Young v. Alexander, 84 Tenn. 108 (1885) (executor liable for own counsel; personal protection and liability)
  • In re Fraser, 150 N.Y.S. 774 (N.Y. 1914) (multiplicity of attorneys discouraged; separate counsel may be used)
  • In re Estate of Greenberg, 146 N.E.2d 404 (Ill. App. 1957) (fluid administration vs. individualized representation considerations)
  • Chancey v. West, 96 So.2d 457 (Ala. 1957) (fiduciary executor should have selection of attorney)
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Case Details

Case Name: In re Estate of Dermanouelian
Court Name: Supreme Court of Rhode Island
Date Published: Jun 29, 2012
Citation: 51 A.3d 327
Docket Number: No. 2011-195-Appeal
Court Abbreviation: R.I.