Undue influence in New York involves exerting improper pressure to manipulate a testator’s free will and control their testamentary decisions. Specifically, when one person strategically influences a testator to harbor negative sentiments against another individual, it constitutes undue influence. This could include actions like spreading false information, creating a distorted…
In re Quinn, 2018 N.Y. Slip Op. 31655 (N.Y. Surr. Ct. 2018) was a contested probate proceeding centers around the last will and testament of Cecilia A. Quinn, dated July 26, 2010. The court faces a motion for summary judgment from the petitioner, Maureen Quinn, seeking to dismiss objections to…
Disinheritance of close relatives often sparks suspicions, with the disinherited parties speculating on potential untoward events that led to their exclusion. While such changes to an estate plan may raise eyebrows, they alone fall short of serving as conclusive evidence for claims of undue influence, lack of testamentary capacity, or…
In re Demesyeux, 978 N.Y.S.2d 608 (N.Y. Surr. Ct. 2013) the Surrogate’s Court considered an issue related to the wrongful deaths of 3 children and who was entitled to receive benefit from the proceeds of a wrongful death lawsuit. The case was tragic, as it involved a mother who suffered…
A beneficiary designation is a legal arrangement that allows an individual to specify who will receive their assets, such as life insurance proceeds, retirement account funds, or other payable-on-death accounts, upon their death. It is a critical aspect of estate planning, providing a clear directive for the distribution of specific…
If the language of a trust in New York is not clear, it can result in a dispute among the beneficiaries, as well as between the beneficiaries and the trustee. If the language of the trust is ambiguous or uncertain, the court may be required to step in and interpret…
In New York, the standard for will construction is that the court will seek to determine the testator’s intent, based on the language used in the will. This is known as the “plain meaning” rule. The court will interpret the language of the will to give effect to the testator’s…
Lack of capacity to make a will in New York refers to a situation where the testator (the person making the will) does not have the mental capacity to understand the nature and consequences of his or her actions when executing the will. In order to have the capacity to…
The contested probate case in Niola v. Sarno, 939 N.Y.S.2d 553 (N.Y. App. Div. 2012) involves Maria Capuano’s will and a dispute centered on allegations of fraud and undue influence. In the context of a will contest in New York, fraud involves the intentional use of deceptive practices to manipulate or…
In the case of In re Estate of Greiff, the court was asked to determine if a prenuptial agreement that limited what a surviving spouse inherited was fair. The decision turned on who had the burden of proof of showing unfairness. Background Helen Greiff (plaintiff) and Herman Greiff married when…