With a specific statute mandating that pre-nuptial agreements must be acknowledged, and with a specific statutory form of acknowledgment, it is surprising that there has been so much litigation over missing or defective acknowledgements and whether they can be cured after the fact. The Second Department recently addressed this issue in Matter of Koegel. Jack Barnosky discusses the case in our latest entry.
Continue Reading Waiver of Right of Election: Correction of Defective Acknowledgment

In Matter of Brigati, Surrogate Czygier of Suffolk County addressed an application to reform the decedent’s life insurance trust, which contained a significant amount of insurance. The instrument contained a number of terms which could cause inclusion in the decedent’s gross estate. Among other things, it provided that upon the death of the Grantor, the life insurance

In a recent Westchester County decision, the court enforced the terms of a prenuptial agreement providing that the decedent was to leave trusts for the benefit of his children despite some unusual circumstances. Jack Barnosky discusses the case in our latest entry.
Continue Reading Provision in Pre-Nuptial Agreement to Create Trust for Children is Enforceable

In Matter of Gilmore, the Second Department addressed the unusual situation of the inheritance rights of children who had been born prior to the execution of their father’s Will, but whose existence was unknown to their father until after his Will had been executed. Jack Barnosky discusses the case in our most recent entry.
Continue Reading “After Acknowledged Children” Denied Inheritance Rights