Readers may recall Eric Penzer’s previous entries regarding Leona Helmsley’s charitable trust in which she expressed a desire that its millions of dollars be used for the care and welfare of dogs. This week he addresses the New York County Surrogate’s Court’s latest decision on the issue, after animal welfare charities sought to intervene in the proceeding and vacate a prior determination that the trust assets could be distributed to any charities as the executors saw fit.
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Eric W. Penzer
Same-Sex Marriages and the Marriage Recognition Rule
Although New York State has not passed legislation recognizing same-sex marriages, the Appellate Division recently held that such marriages will be recognized by Surrogate’s Courts pursuant to the “marriage recognition rule”. Eric Penzer discusses the decision in our latest entry.
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Mama Cass’s Estate – California Dreamin’ or a Nightmare?
At the time of her death in 1974, it was believed that Ellen Naomi Cohen a/k/a “Mama Cass” of the 1960’s rock-folk group The Mama’s & The Papa’s died intestate. But recent revelations indicate that she may in fact have had a will. Eric Penzer discusses these recent findings in our latest entry.
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NYSBA Trusts & Estates Law Section to Discuss Recent Decisions
See this week’s entry for a message from Eric Penzer regarding the upcoming Fall meeting of the NYSBA’s Trusts and Estate’s Law Section.
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Decedent’s Purported Transfer of Residence To Wife Fails For Non-Delivery of Deed
The Nassau County Surrogate’s Court recently addressed an application to vacate a deed that purported to convey real property from the decedent to his wife. At issue was the element of delivery. Eric Penzer discusses the decision in this week’s entry.
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Fiduciary Relationship Leads to Allegations of Constructive Fraud
In Estate of Aoki, the New York County Surrogate’s Court recently denied a motion for summary judgment to enforce a waiver of a testamentary power of appointment that had been signed by the decedent. Eric Penzer discusses the decision in this week’s blog entry.
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Estate Fiduciary Wrongly Deprived of Counsel of Choice?
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.
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No “Wiggle Room” In After-Born Statute
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.
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Ask not what your Trustees can do for you…
This week’s entry discusses a recent decision from the Southern District of New York in which the plaintiff asserted he was the son of John F. Kennedy and Marilyn Monroe, and sought to compel distributions from the late president’s testamentary trust. Especially relevant to the trusts and estates litigator is the discussion of the probate exception to federal diversity jurisdiction.
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Court Rejects Executor’s Attempt to Sell House To Herself For $10
This week’s entry discusses a recent decision rejecting an executor’s attempt to “sell” the decedent’s house to herself for the price of $10.
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