Although summary judgment in a contested probate proceeding historically has been rare, the recent trend has been for Surrogate’s Courts to grant such relief with increasing frequency. Consistent with that recent trend, Surrogate’s Courts have granted summary judgment dismissing probate objections alleging that a testator lacked testamentary capacity, notwithstanding the testator’s diagnosis of dementia before executing the propounded will. Our latest entry, written by Robert M. Harper, discusses several cases in which a testator’s diagnosis of dementia prior to executing the propounded will was insufficient to raise a triable issue of fact to withstand summary judgment dismissing a capacity objection.
Continue Reading Testamentary Capacity, Summary Judgment and a Testator’s Diagnosis of Dementia
objections
Potential Creditor of Trust Beneficiary Not Interested Party In Accounting Proceeding
By Eric W. Penzer on
Posted in Accounting
Nassau County Surrogate Edward W. McCarty, III recently held that potential creditors of a living trust beneficiary were not interested parties in the trust accounting proceeding. Eric Penzer discusses the decision in our latest entry.
Continue Reading Potential Creditor of Trust Beneficiary Not Interested Party In Accounting Proceeding