Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective share, particularly when there are claims of abandonment. Bret Cahn discusses certain abandonment decisions and the evidentiary issues raised therein, in our latest post.
Continue Reading THE CHALLENGE OF FINDING ADMISSIBLE EVIDENCE IN ABANDONMENT PROCEEDINGS
New York’s “slayer rule” essentially provides that if an individual kills another person, he has automatically forfeited any interest he may have had in his victim’s estate. The rationale is simple – no one should financially benefit from his own crime. Applicability of the rule is generally straightforward, but in certain cases, the lines can become blurred — such as in Matter of Edwards, where the killer sought to inherit from his victim only indirectly, through the estate of the victim’s post-deceased daughter. Jaclene D’Agostino discusses the decision in our latest entry.
Continue Reading Appellate Division Upholds Equitable Extension of Slayer Rule
Eric Penzer recently discussed a case where constructive abandonment was asserted to disqualify a surviving spouse from an elective share. In our latest entry, Eric addresses a decision regarding actual abandonment as the basis for disqualification, and the hurdles that parties involved with such a claim may face.
Continue Reading Appellate Division: Issue of Fact Prevents Summary Disposition of Abandonment Allegations
Constructive abandonment is a rarely litigated basis for denying a surviving spouse his or her elective share, as it is very difficult to prove. In our latest entry, Eric Penzer discusses a recent case addressing the issue.
Continue Reading No Sex, No Elective Share?
In our latest entry, Spencer Reames discusses a recent decision emanating from New York County Surrogate’s Court, addressing spousal abandonment in the context of a “marriage of convenience.”
Continue Reading Exploring Abandonment in the Context of a “Marriage of Convenience”
The Second Department has recently issued two decisions that expand the parameters of disqualification from entitlement to the spousal right of election. In Matter of Berk and Campbell v. Thomas, the Appellate Division addressed situations in which the statutory limitations on disqualification failed to render equitable results. Jaclene D’Agostino discusses the decisions in this week’s entry.
Continue Reading Appellate Division Cites Equitable Factors In Denying Entitlement to Elective Share
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