Estate litigation oftentimes arises when parents favor one or more of their children over others in their estate plans. Fortunately, at least for the parents, they typically do not have to deal with the issues involved in the litigation, as they are deceased by the time that it arises. As the Second Department’s decision in

If the intended recipient of a charitable bequest can no longer be identified, an executor or trustee will often commence a cy pres proceeding in the Surrogate’s Court to determine the appropriate recipient of the funds. In our latest entry, Eric Penzer discusses a decision in the context of a cy pres application, focusing on the standing of a possible alternative recipient of the subject bequest to participate in the proceeding.
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