In a decision handed down on July 11,2005, New York’s Appellate Division made some important distinctions between joint and mutual wills. Schloss v. Koslow, 800 N.Y.S.2d 715(A.D.2 Dept 2005) found that there was insufficient basis to infer that a promise by a testator never to alter or revoke his will gave rise to a binding contract which might be enforced by a third party beneficiary.
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PRACTICE AND PROCEDURE
Real Estate Contract enforceable against Estate
By Philip Bernstein on
Posted in PRACTICE AND PROCEDURE
In the Matter of Remedios BALLESTEROS, a/k/a Remy Balesteros deceased, New York State’s Appellate Division directed the administrator of the estate to complete the sale of the decedent’s real property pursuant to a contract entered into by the executrix
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Death Invalidates Gift
By Philip Bernstein on
Posted in PRACTICE AND PROCEDURE
Checks uncashed and undeposited until after the death of their maker consitute a failed gift requiring the recipient to return the
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Undue Influence and Duress
By Philip Bernstein on
Posted in PRACTICE AND PROCEDURE
Undue influence and duress often form the basis for an estate contest but may be extremely difficult to prove. It is necessary to establish that the influence exercised amounted to a moral coercion which restrained independant action and which forced the testator to do that which was against his or her free will and desire.
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