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

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…

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.
Continue Reading Adoption Records Unsealed to Determine Distributee Status

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, 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