Raymond Robin recently prevailed on a Motion to Dismiss in a probate adversary proceeding. He successfully defended a Law Firm representing a Trustee in a case filed by a Trust Beneficiary. At the conclusion of that case, the Beneficiary filed a Supplemental Complaint against the Law Firm claiming the right to disgorgement of all attorneys’ fees paid to the Law Firm in connection with the Trustee’s case. Mr. Robin prevailed on a Motion to Dismiss arguing: (1) absent specific claims of fraud against an attorney, the beneficiary had no standing to sue the Trustee’s counsel; (2) in order to be liable for surcharge or disgorgement, one must have breached a fiduciary duty owed to the party asserting the claim; and (3) a law firm representing a Trustee in a case brought by a Beneficiary owes no separate independent duty to the Beneficiary. The Court agreed, granted a Motion to Dismiss With Prejudice, and Denied a Motion for Rehearing.