New York's Appellate Division recently affirmed a decision of Nassau County Surrogate John Riordan which disinherited the daughter of a decedent who had brought a petition to contest her father's will and for a construction of the residuary clause which left $221,000 to various charities. In...
Theodore D. Pendergrass, was a paraplegic. His wife, Joan Pendergrass held his
power of attorney. After the decedent's death, Mrs. Pendergrass applied for and
received letters testamentary pursuant to a will dated March 25, 2009 and
codicil thereto dated October 17, 2009. The probated...
By David W. Tate
New trust case-remainder beneficiary of revocable trust lacks standing to bring action against trustee-Estate of Giraldin
Dave Tate, Esq. (San Francisco)
In Estate of Giraldin (California
Court of Appeal, Fourth Appellate District, Case No. G041811, September...
It is not atypical for a litigant in a Surrogate's Court proceeding to have to subpoena bank records whether a bank account is the subject of a dispute or the bank records are merely sought as probative evidence concerning some other issue. Whatever the case may be, as in any other litigation, a...
executed a Transfer on Death (TOD) designation affidavit in favor of Gail
Arenstein, Ms. Sirak's daughter. Thereafter, plaintiff/appellant, Eleanor's son,
filed suit against Gail and others. The complaint recited various incidents
which plaintiff/appellant urged demonstrate physical...
A divorced father
designated his child as a life insurance policy's sole beneficiary. When the
father died, the administratrix, as the child's "next friend," filed
a petition for the appointment of a limited guardian. The guardian's primary
role was to place the child's assets...
In a case that began with a claim for a refund of estate taxes paid, Judge Barbara S. Jones of the Southern District of New York ruled that the Defense of Marriage Act (DOMA) is unconstitutional under the Equal Protection Clause of the 5th Amendment.
Edie Windsor and Thea Spyer were a couple for over...
Often the settlor of a lifetime
revocable trust is the only person who has an interest in the income and
principal of the trust during his or her lifetime. Sometimes the settlor of
such a trust is the sole trustee or serves with another. In other
circumstances, there are trustees other than the settlor...