The First Department has issued a noteworthy decision in determining that an in terrorem clause would be triggered by a revocation proceeding. Jaclene D’Agostino discusses the case in this week’s entry.
Continue Reading In Terrorem Clause Construed to Apply to Revocation Proceeding
2010
Appellate Division Cites Equitable Factors In Denying Entitlement to Elective Share
By Jaclene L. D'Agostino on
Posted in Right of Election
The Second Department has recently issued two decisions that expand the parameters of disqualification from entitlement to the spousal right of election. In Matter of Berk and Campbell v. Thomas, the Appellate Division addressed situations in which the statutory limitations on disqualification failed to render equitable results. Jaclene D’Agostino discusses the decisions in this week’s entry.
Continue Reading Appellate Division Cites Equitable Factors In Denying Entitlement to Elective Share
Estate Fiduciary Wrongly Deprived of Counsel of Choice?
By Eric W. Penzer on
Posted in Fiduciaries, Probate
Last week, the Second Department overturned a determination of the Kings County Surrogate’s Court that had disqualified an executrix based upon her selection of counsel. But while holding that letters should be reinstated, the Appellate Division also directed the fiduciary to obtain new representation. Eric Penzer discusses the decision in this week’s entry.
Continue Reading Estate Fiduciary Wrongly Deprived of Counsel of Choice?
Trustee Permitted to Amend Accounting to Provide for Commissions
By John J. Barnosky on
Posted in Accounting
This week, Jack Barnosky discusses a recent case in which the language in a receipt and release agreement was essential to a decision permitting the amendment of an accounting.
Continue Reading Trustee Permitted to Amend Accounting to Provide for Commissions
No “Wiggle Room” In After-Born Statute
By Eric W. Penzer on
Posted in Probate
Surrogate Riordan of Nassau County recently issued a decision declining to expand the reach of the “after born statute” to non-marital children, acknowledged by the decedent only after his will had been executed. Eric Penzer discusses the case in this week’s entry.
Continue Reading No “Wiggle Room” In After-Born Statute
Summary Judgment Granted, Dismissing Objections and Admitting Will to Probate
By Jaclene L. D'Agostino on
Posted in Probate
In Matter of Feller, a contested probate proceeding that was decided last week in Monroe County, the Surrogate addressed typical objections pertaining to due execution, testamentary capacity, and undue influence. The decision provides a cohesive illustration of the standards and considerations that Surrogates routinely utilize in addressing these allegations. Jaclene D’Agostino discusses the case in this week’s entry.
Continue Reading Summary Judgment Granted, Dismissing Objections and Admitting Will to Probate