Matter of Estate of Weinstein

1 Citing case

  1. In re Haberstich

    169 Misc. 2d 543 (N.Y. Surr. Ct. 1996)   Cited 8 times

    A trustee, on the other hand, may make long-term investments and is required to consider the effect of the investment plan on both the income beneficiaries and the remaindermen ( Matter of Goldstick, 177 A.D.2d 225; Matter of Stillman, 107 Misc.2d 102). A guardian is responsible for the ward's welfare and must manage the estate so as "to produce as large an income as is consistent with safety of investment" ( Delafield v Barret, 270 N.Y. 43, 49; Matter of Weinstein, 106 Misc.2d 153; Matter ofBogle, NYLJ, Sept. 27, 1994, at 25, col 1). But a guardian often requires ready access to funds in order to properly care for his or her ward's needs. Thus, liquidity, as well as safety, is an important investment objective. Finally, the anticipated duration of the guardianship may be limited because of the ward's age or physical condition with the result that the guardian's investment strategy would of necessity be different from that of a conventional trustee.