As trusts and estates practitioners have come to know, the financial crisis in New York, and particularly its judiciary, has imposed significant burdens on the Surrogate’s Courts throughout the state. Nevertheless, despite its downsized staff and law departments, the Surrogate’s Courts have tenaciously maintained their efficiency in producing a multitude of opinions at mid-year impacting the field. Consider the following.
Security for Costs
In a contested probate proceeding, the proponent, a nephew of the decedent, moved for an order directing the non-domiciliary objectant to post security for costs pursuant to SCPA 2303. The decedent died survived by seven nieces and nephews. The propounded will instrument nominated one of the decedent’s nephews as executor, bequeathed her diamond ring to one of her nieces, and further bequeathed $50,000 equally among her remaining nieces and nephews. Two of the decedent’s nephews, one of whom was a non-domiciliary, filed objections to probate, and the proponent moved for an order directing that he post security for costs.
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