26 Jun Wife’s Lack of Consent to Contract of Sale of Co-Op Unit Not Required
Bronx Surrogate Nelida Malave-Gonzalez recently granted executors’ SCPA 2103 petition ordering decedent’s wife to vacate a co-op unit. The wife objected, challenging the contract’s validity and arguing she never consented to it. The Court held that the Executors were duty-bound to marshal the co-op and that Respondent’s lack of consent was irrelevant. The court also rules that the spousal right of election did not entitle her to use, or ownership of a specific asset and was not a basis to stop the sale of the coop by the executor. This is an example of how the passing of a relative can act to cut off the occupancy of even a spouse if the provisions of a will allow for it.
Matter of Estate of Kulukundis