April 18th’s New York Law Journal features a decision by Richmond County (Staten Island) Surrogate John A. Fusco holding that the estate of a deceased husband who had shot his wife to death would be barred from inheriting her portion of the couple’s home even though he had not been actually adjudicated as a murderer.
Continue Reading Absence of Murder Verdict Does Not Relieve Husband of Responsibility for Slaying Wife

The Third Department of New York’s Supreme Court Appellate Division has handed down an interesting opinion on testamentary capacity. In the Matter of the Estate of Albert L. Friedman, reported at 809 N.Y.S. 2d 667(A.D. 3 Dept 2006), it was established that the decedent was diagnosed with progressive dementia.
Continue Reading Appellate Court Holds Dementia not Conclusive Proof of Lack of Testamentary Capcity

New York’s Appellate Division has reversed the Suffolk County Surrogate’s decision to dismiss a petition brought to vacate an earlier decree which had admitted a will to probate upon the claim of undue influence. The will which was executed in 2002 left the decedent’s entire estate to his third wife . This marked a complete reversal of the testamentary intent of the decedent as it had been set out in a will drawn nine years earlier which had left his estate not only to his then second wife but also to various members of his extended family.
Continue Reading Appellate Court Holds that Petitioner Seeking to Vacate Admission of Will to Probate Was Entitled to a Hearing

New York’s Appellate Division has reversed a determination of the Dutchess County Surrogate’s Court which had originally granted an application which cancelled a real estate contract of sale on the grounds that the executor did not get the highest price obtainable.
Continue Reading Decision to Cancel an Executor’s Real Estate Contract for Failure to Get the Best Obtainable Price is Reversed

In In Re Estate of Ball 807 N.Y.S. 2d 163 (A. D. 3 Dept 2005) New York’s Appellate Division, Third Department has reversed a Tompkins County Surrogate holding which dismissed a father’s application for an intestate share of his infant son’s estate after the child died in daycare. The decedent was a non-marital child whose parents both applied for limited letters of administration to commence a wrongful death action. The father’s petition was dismissed upon the mother’s claim that he had abandoned and had failed to support the child.
Continue Reading Decedent’s Father Not Disqualified From Taking An Intestate Share Of His Child’s Estate

There is an art to writing so that folks understand exactly what you mean to say and not everyone has that talent. Lawyers included. Just because an attorney has drafted a will does not mean that he or she has done a good enough job to resolve all questions as to what its maker has intended. Consider that the maker is the one person who can give us the best idea as to the aim of the will —-and he or she is dead.
Continue Reading Construing a Will

In In Re Estate of Edith R. Korn , 2006 Slip Op 117, The First Department of the Appellate Division of the New York State Supreme Court has affirmed a decision of New York County Surrogate Eve Preminger which granted summary judgment an dismissed objections to a probate petition .
Continue Reading Summary Judgment Dismissing Will Challenge Upheld

On January 24, 2006 the New York State Supreme Court Appellate Division , Second Department issued a decision in the Matter of James E. Davis , Deceased which speaks to the right of a purported non-marital child to DNA testing in order to establish paternity.
Continue Reading Court Permits Posthumous DNA Testing to Establish Paternity of Non-Marital Child Seeking Distributive Share of Estate