2012

As I wrote in a prior post, dated February 25, 2011, concerning the Estate of Dianne Edwards, the “slayer rule” articulated by the Court of Appeals in Riggs v. Palmer provides that “[n]o one shall be permitted to profit by his own fraud, or to take advantage of his own wrong, or to found …

Estate litigation oftentimes arises when parents favor one or more of their children over others in their estate plans. Fortunately, at least for the parents, they typically do not have to deal with the issues involved in the litigation, as they are deceased by the time that it arises. As the Second Department’s decision in…

In the recent case of Matter of Cheek, Surrogate Holzman of Bronx County addressed two issues that arise with some frequency in the context of Surrogate’s Court litigation – the validity of a decedent’s marriage, and a party’s attempt to vacate a stipulation of settlement. Jaclene D’Agostino discusses the decision in our latest entry.
Continue Reading Validity of Decedent’s Marriage the Focus of Application to Vacate Stipulation of Settlement

Having been adjudicated in both the criminal and civil forums, Castor v. Pulaski addressed the disturbing scenario of a wife murdering her husband, and thereafter forging his will so as to obtain all of his property. John Morken dicusses the civil case in this week’s entry.
Continue Reading Court Awards Compensatory and Punitive Damages, and Attorney Fees, for Fraud in Probating Will