When crucial terms are missing from a will, a court may construe the will to contain those terms if clear and convincing evidence establishes the testator’s intent. Background Eugenia Herceg died leaving a will, executed on December 2, 1999. The executor of the will was Columba Pastorino. The will included…
The trustees managing seven trusts executed by Martin B. in 1969, filed request that the Surrogate’s Court, New York County provide direction on distribution of trust assets to post-conceived children of Martin B.’s deceased son, James. The court was asked to construe the terms “issue” and “descendants.” Background The grantor…
Whenever someone brings initiates a lawsuit, they must have standing to sue. Those with standing generally must have a financial interest in the matter. In Smithers v. St. Luke’s-Roosevelt Hospital Center, the Appellate Division had to determine if the administrator of an estate had standing to sue a donee to…
Not all property owned by decedent is probate property that is subject to the decedent’s will or intestate distribution. Property that is jointly owned by the decedent with another person withs survivorship rights typically becomes the property of the surviving account owner upon the death of the other account holder.…
The administration of an estate of a decedent requires a personal representative to identify and gain access to their property. Unlike personal property, real estate, and even financial accounts, electronic accounts of decedents can present special challenges for survivors to access. Typically, a request must be sent the custodian of…
Jane A. Wilder died on July 31, 2014, a resident of New Hyde Park. She was survived by one daughter, Nancy Cave, as well as Nancy’s 3 children. Under the terms of Jane’s January 17, 2014 will, the decedent bequeathed her real estate, as well as her residuary estate, in…
Under New York law, children of who are adopted-out are not entitled to an intestate share of their biological parents’ estate. However, exceptions to this rule were enacted to the Domestic Relations Law starting in 1987. In 1987, the New York legislature revised the statute by adding a provision to…
A pet trust is a legal arrangement that provides for the care and maintenance of pets that outlive their owner. See EPTL 7-8.1 (a). Typically money is placed in the trust and the trust agreement states who is the trustee and how the money is to be used. In some…
While this case primarily focused on an estate accounting issue, there was a secondary issue related to a revoked or lost will. Under the laws of New York State, only a testator can revoke their own will. In order to revoke their will, the testator must do one of the…
While people often use safety deposit boxes to hold valuable items such as jewelry, cash, and collections, they also use them to store important papers such as wills and other estate documents. Upon death, it is important to immediately access the contents of safe deposit boxes, particularly if they contain…