25 Jan Otherwise valid Pre death contract is enforceable against the estate.
Pre death contract is enforceable against the estate...
Estates
18 Jan Former spouse who waived her right to administer spouse’s estate in their Separation Agreement may still be appointed as Administrator on the basis of being the guardian of the decedent’s son
Matter of Estate of Piotrowski, 2012-604/C (December 10) The court interpreted the waiver contained in the separation agreement as not applying to the ex wife’s right to administer the estate as the guardian of the decedent’s child. It will be interesting to see if divorce attorneys...
04 Jan Court Choses One of Decedent’s Daughters to be Administrator over the other
This is another in a long line of examples where a judge is forced to make a decision that should have been made by the decedent- in a properly drawn and executed Will....
04 Jan Son’s Petition to Disqualify his Mother From Inheriting From Her Deceased Son’s Estate Denied by the Court
The mother of the decedent was the sole distributee but her son petitioned for declaratory relief so that he and his siblings would qualify as distributes and inherit the portion of the estate passing by intestacy. ...
13 Dec Fact Questions Exist if Proponent May Have Exercised Undue Influence Over Decedent
Surrogate Nelida Malave-Gonzalez recently allowed a probate contest to go to trial based upon allegations that the proponent of the will began controlling decedent’s activities, preventing objectant from freely communicating with his father....
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. ...
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...
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