Two recent decisions from the New York County Surrogate’s Court attempt to answer this question. In Estate of Weisberg, decided on April 8, 2014, the court addressed the issue of marriage. Faced with competing petitions for letters of administration, the court was asked to find as a matter of law, that the cross-petitioner was the decedent’s wife and sole distributee of the decedent’s estate. In Levien v Johnson, decided on April 14, 2014, the court considered whether two adults adopted by the decedent’s grandchildren constituted “great-grandchildren” under the decedent’s will. In both cases, the court was asked to find that these familial relationships existed as a matter of law. Hillary Frommer discusses the decisions in our latest entry.
Continue Reading To be Family or Not to be Family? That is the Question