Issue: According to municipal law in Minnesota, can the existence of an unsatisfied judgment result in the suspension/nonrenewal of an establishment’s liquor license?
|Area of Law:||Municipal, County and Local Law|
|Keywords:||Liquor license; Non-renewal or suspension; Authorities' broad discretion|
|Cited Cases:||466 N.W.2d 438; 310 N.W.2d 474; 633 N.W.2d 86|
In New York, licensed attorneys who serve both as legal counsel and executor to an estate are entitled to reasonable compensation for their legal representation in addition to a statutory commission for their services as executor. N.Y. SCPA § 2307. In order to provide sufficient “indication that the issue of fiduciary compensation was squarely put before the testator,” however, SCPA § 2307-a demands a written acknowledgement that the testator understood that the attorney-executor would be so compensated. In the Matter of Gurnee, 16 Misc. 3d 1113A, 847 N.Y.S.2d 896 (Surr. Ct. 2007) (unpublished).
Under SCPA § 2307-a, an attorney who prepares a will in which he or she will also serve as an executor must inform the testator that:
(a) subject to limited statutory exceptions, any person, including the testator’s spouse, child, friend or associate, or an attorney, is eligible to serve as an executor;
(b) absent an agreement to the contrary, any person, including an attorney, who serves as an executor is entitled to receive an executor’s statutory commissions;
(c) absent execution of a disclosure acknowledgment, the attorney who prepared the will, a then affiliated attorney, or an employee of such attorney or a then affiliated attorney, who serves as an executor shall be entitled to one-half the commissions he or she would otherwise be entitled to receive; and
(d) if such attorney or an affiliated attorney renders legal services in connection with the executor’s official duties, […]