When a will has gone missing, or assets cannot be found, the issue usually becomes the subject of a Surrogate’s Court proceeding. The past several months have seen decisions addressed to such issues, each of which are instructive to the practitioner.
Presumption of Revocation Rebutted. Before the Surrogate’s Court, New York County (Anderson, S.), in In re Kalt, N.Y.L.J., May 1, 2018, at p. 18, was an uncontested proceeding pursuant to SCPA 1407 for probate of a photocopy of the purported will of the decedent. The proponent, who was the decedent’s son, was the nominated executor under the instrument, and he and his brother were the sole beneficiaries of the decedent’s estate.
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