LexisNexis® Legal Newsroom
Loss of Standing in Will Challenges: Petitioner Loses Her Standing --And Her Case

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...

Appellate Standing Denied in Pennsylvania Will Challenge where Appellant/Challenger Won at the Lower Lever & Appellant/Executrix Was Not an Aggrieved Party

The decedent, 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...

New Trust Case—Remainder Beneficiary of Revocable Trust Lacks Standing to Bring Action against Trustee—Estate of Giraldin

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) Website Intro Video In Estate of Giraldin (California Court of Appeal, Fourth Appellate District, Case No. G041811, September...

Standing to Challenge Non-Party Bank Subpoenas in Surrogate’s Court and Other Civil Litigation

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...

Standing/Ripeness Denied on Son’s Fraud/Interference Claims Arising out of Mother’s Execution of Transfer on Death Designation Affidavit

Eleanor Sirak 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...

Pennsylvania Supreme Court Holds that Divorced Mother Has Standing to Challenge Guardian Appointed after Child Inherited from Deceased Father

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...

Asbury Law Firm: District Court: Estate Tax Marital Deduction Triggers Unconstitutional Ruling on DOMA

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...

Standing to Object to Revocable Trust Transactions during Settlor’s Life

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...