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By: Gary E. Bashian APPELLATE DIVISION AFFIRMS WESTCHESTER COUNTY SURROGATE RE: ADOPTED BENEFICIARY’S RIGHTS In a case of first impression, the Appellate Division Second Department affirmed a Decision of Surrogate Scarpino wherein he held a Decedent’s...
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By: Gary E. Bashian, Esq. & Andrew Frisenda The Bond That Never Was – And We Don’t Mean James Greene v Greene involved a conversion action, in the Appellate Division Second Department, regarding government bonds allegedly gifted by Decedent to...
In re Emily Forde: Nassau County Surrogate’s Court In this discovery proceeding commenced under SCPA § 2103, Petitioner directed Respondent to turnover real property Respondent received from her mother, the decedent, by challenging the validity of...
YOU SNOOZE, YOU LOSE: POST-DEATH ESTATE PLANNING IS NOT A “USEFUL PURPOSE” TO DELAY OR AVOID PROBATE Decedent executed a Last Will and Testament in 1976, which left his entire estate to his surviving spouse, and which also nominated her as...
By: Gary E. Bashian & James G. Yastion AN UNFILED RENUNCIATION MAY BE RETRACTED, EVEN IF RELIED UPON BY THE PARTY WHOSE INTEREST WAS ACCELERATED In what the Court described as a case of first impression, the Petitioner sought permission to file a late...
By: Gary E. Bashian & James G. Yastion PRISONER ABLE TO CONTEST WILL EVEN WHERE GUARDIAN AD LITEM APPOINTED FOR HIM SAYS NO REASONABLE OBJECTION The Objectant in this probate proceeding in the Estate of Allan Gormely, N.Y.L.J., August 28, 2003, at 22, col....
By: Gary E. Bashian & James G. Yastion IN A CONSTRUCTION PROCEEDING, THE COURT WILL GO ONLY SO FAR IN INFERRING THE CREATION OF A TRUST The petitioner in this proceeding sought a construction of the decedent’s Will as creating a trust for her...
