Law Journal
11 Nov Co-Administrator’s Conduct Reflects Want of Understanding of Her Fiduciary Duties
Bronx Surrogate Nelida Malave-Gonzalez recently ruled that a son’s uncontroverted allegations....
16 Jul Petition for Elective Share of Secret Spouse’s Estate Forfeited for Duplicitous Conduct
Decedent’s wife sought a determination she was entitled to an elective share of her husband’s estate. Decedent’s sons took the position that the marriage was the product of undue influence as decedent lacked capacity. ...
11 Jul David L Lewis, a former partner in Lewis & Fiore retired from private practice upon being appointed a Judge of the New York State Court of Claims
David L Lewis, a former partner in Lewis & Fiore retired from private practice upon being appointed a Judge of the New York State Court of Claims in June. Most recently David served as Counsel to the New York State Senate. Judge Lewis handled many...
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...
22 Jun Court Dispenses With Aide’s Further Testimony Based on Her Mental Condition
Manhattan Surrogate Nora Anderson was recently faced with a situation where a home health aide was one of the witnesses to a Will and was called upon to give testimony under SCPA 1404. The aide was unable to complete the examination due to some...
08 Jun Alterations added after a Will is signed are ineffective
Decedent’s niece sought to probate a 2014 instrument, asking the Court to exclude handwritten alterations in to the will. The attorney draftsman’s affidavit stated decedent signed the instrument in her presence and it contained no handwritten material. Surrogate Malave-Gonzalez ruled that the handwritten notations were...
08 Jun Undue Influence Objection is allowed to continue against former home health care worker who because beneficiary of the Will
New York County Surrogate Nora Anderson recently denied a summary judgment motion on an objection based on undue influence. The proponent of the will started as decedent’s part-time health aide and became indispensable when decedent required continuous attention Decedent was accompanied by proponent on visits...
22 May Court refuses to allow advanced retainer fee to be paid out of estate funds
Surrogate Frank Labuda ruled that under SCPA §2110 the court had discretion to award attorney fees from estate funds to pay legal fees for service renderd by consel to the estate fiduciarybut would not allow payment of attorney fees from estate funds for future legal...