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 our latest entry, Rob Harper discusses Surrogate Czygier’s decision in Matter of Newman, a case addressing the validity of an elective share.
Continue Reading Unlawful Marriages and the Right of Election
This week, Robert Harper discusses the circumstances under which a marriage may be revoked in the context of an Article 81 guardianship proceeding.
Continue Reading Revoking Marriages in Article 81 Proceedings
In a prior post, Robert Harper explained the law on the disposition of human remains in New York. This week he follows up on that topic, discussing a recent Nassau County Supreme Court decision, Matter of Grace D. There, the court addressed a disagreement among the decedent’s family members as to the disposition of her remains.
Continue Reading More Tales from the Crypt: The Right of Sepulcher, Decedent’s Intent and Disposition of Human Remains
New York’s “slayer rule” generally prohibits an individual from benefiting from his own wrongdoing. However, due to the unusual facts of a case that is developing in Suffolk County, a murderer may indirectly inherit his victim’s estate through intestacy. Robert Harper discusses the situation in this week’s entry.
Continue Reading The Slayer Rule
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.
Continue Reading Triggering In Terrorem Clauses With Out-Of-State Will And Trust Contests
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
Although adoption records generally remain sealed except for applications in connection with medical purposes, courts will occasionally allow such records to be unsealed for other reasons. This week’s entry discusses one of the rare cases in which an application was granted absent any medical objective.
Continue Reading Unsealing Adoption Records
Discovery in probate contests is generally limited to a specific time frame. This week’s entry discusses the governing rule, and situations in which it may be expanded.
Continue Reading Discovery in Probate Contests