Decision of the Day: Stipulation of Settlement in Divorce Action Between Decedent, Surviving Spouse Is Valid
This ruling was selected and summarized by the New York Law Journal's decisions editors.
February 10, 2023 at 09:30 AM
2 minute read
In a contested probate proceeding, the decedent's son moved for an order enforcing a stipulation of settlement in a divorce action between the decedent and his surviving spouse/petitioner; declaring that under such stipulation the spouse has no right to receive any share of the decedent's estate; and directing that it SCPA 1404 hearings do not occur by a certain date, the probate proceeding will be dismissed.
The motion centered around the divorce action that the decedent, as plaintiff, brought against petitioner, as defendant, in 2009.
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