Surrogate Edward McCarty III
Respondent Kirschner moved for dismissal of the petition of sibling, Matza in this proceeding for a compulsory accounting. Decedent died a resident of New Hampshire. He created a trust in Florida which was to be distributed equally to his daughters upon his death. Kirschner sought dismissal of lack of standing based on jurisdiction. Petitioner believed the location of trust assets in New York provided a jurisdictional predicate. The court noted the only support for such contention were copies of a brokerage statement for the trust at inception petitioner submitted. It noted petitioner’s reliance on Surrogate’s Court Procedure Act §208(3), involving shares of stock in a New York domestic corporation owned by a non-domiciliary, or case law involving disclosed assets owned by a non-domiciliary, but undisputedly located in New York, was misplaced. The court ruled these authorities only highlighted the requirement for a New York located asset nexus, not present here. It concluded securities and cash held in brokerage accounts in Florida constituted property in Florida for jurisdiction purposes. Hence, as the only connection to New York was Matza’s residence there, motion to dismiss was granted.
