Last week, the Court of Appeals rendered a significant decision regarding the extent of discovery that may be conducted without triggering an in terrorem clause. In Matter of Singer, objections to probate were never filed. However, the issue presented was whether a beneficiary’s decision to depose the decedent’s prior attorney, a form of discovery not protected by the safe harbor provisions of EPTL 3-3.5 or SCPA 1404, triggered the two in terrorem clauses set forth in the propounded will. Jaclene D’Agostino discusses the case in this week’s blog entry.
Continue Reading Court of Appeals: Extra Deposition Did Not Violate In Terrorem Clause
2009
Potential Court Approval of Religious Divorce Is Irrelevant to Right of Election
By Jaclene L. D'Agostino on
Posted in Right of Election
A recent decision emanating from the Kings County Surrogate’s Court provides another interesting application of the rules on entitlement to an elective share. In Matter of Atiram, 2009 NY Slip Op 52356(U), the petitioner sought a determination as to her right of election under EPTL 5-1.1A. She had married the decedent in 1952, but…
Posthumously Voided Marriage Negates Right of Election
By Jaclene L. D'Agostino on
Posted in Right of Election
This week, Jaclene D’Agostino discusses a recent decision on an application to determine the validity of an elective share, when the marriage had been declared void by an Article 81 court after the decedent’s death.
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Adoption Records Unsealed to Determine Distributee Status
By Jaclene L. D'Agostino on
Posted in Construction of Wills and Trusts
Surrogate John B. Riordan of Nassau County recently addressed an application to unseal adoption records for purposes of determining the heirs at law of a decedent who died intestate. Jaclene D’Agostino discusses the decision in this week’s blog entry.
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Action Dismissed For Failure to Join Beneficiaries
By Jaclene L. D'Agostino on
Posted in Trusts
The Second Department recently addressed a trust rescission action in which the plaintiff failed to join certain remainder and charitable beneficiaries as parties. Jaclene D’Agostino explains the Court’s holding in this week’s blog entry.
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Court Cites Flaws in Article 17-A in Denying Guardianship Application
By Jaclene L. D'Agostino on
Posted in Guardianship
This week, Jaclene D’Agostino discusses a recent decision from New York County that has the potential to substantially impact the future of guardianship proceedings in Surrogate’s Courts.
Continue Reading Court Cites Flaws in Article 17-A in Denying Guardianship Application
Triggering In Terrorem Clauses With Out-Of-State Will And Trust Contests
By Robert M. Harper on
Posted in Trusts
Although void in some states, it is well settled that in terrorem or no contest clauses are enforceable under New York law. In a recent case, Surrogate Glen addressed the question of whether an in terrorem clause had been triggered by the petitioner contesting a New York instrument before a Florida court. This week’s entry, written by Robert Harper, discusses the decision.
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Trusts: Legally Protecting Assets from the Settlor’s Creditors
By Jaclene L. D'Agostino on
Posted in Trusts
This week, Jaclene D’Agostino discusses the circumstances under which trusts assets are legally protected from the settlor’s creditors.
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Court Examines Beneficiary’s Right to Sell Real Property
By Ilene S. Cooper on
Posted in Construction of Wills and Trusts
This week, Ilene S. Cooper explains a recent case in which the Suffolk County Surrogate’s Court analyzed whether a beneficiary’s interest in the decedent’s residence qualified as a life estate, notwithstanding the explicit use of the term in the decedent’s Will.
Continue Reading Court Examines Beneficiary’s Right to Sell Real Property
Tales from the Crypt: Disposing of Human Remains in New York
By Robert M. Harper on
Posted in Legal Profession
This week’s entry discusses a recent case in which a decedent’s parent sought permission to determine the disposition of her daughter’s remains, despite the priority of the decedent’s spouse pursuant to statute.
Continue Reading Tales from the Crypt: Disposing of Human Remains in New York