As the summer ends, and the colors of fall emerge, Surrogate’s Courts throughout the state continue to examine a broad range of issues impacting the field of trusts and estates. This month’s article considers a few of the many significant opinions rendered over the past several months addressing the discovery of assets, standing, and probate of a home-drawn will.
Post-Trial Determination on the Discovery of Assets
Before the Surrogate’s Court, Albany County, In re Mahoney was a consolidated trial of two proceedings commenced pursuant to SCPA Article 21. The first proceeding was commenced by two of the decedent’s children, as fiduciaries of the estate pursuant to SCPA §§2103 and 2104, seeking the return of certain property allegedly being wrongfully withheld from the estate by the respondent, the decedent’s “long- time companion” and “dear friend,” and a trust beneficiary under her will. The second proceeding was commenced by the respondent against the fiduciaries, pursuant to SCPA 2102(4), seeking to compel payment of annual trust distributions to him as required by the decedent’s will, together with interest, or alternatively, the removal of the fiduciaries as executors and trustees due to their failure to fund the trusts established under the will for his benefit.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]