Surrogate Nora Anderson
Decedent Rattner’s two daughters commenced this action seeking to probate a 2006 will and 2007 codicil. The propounded will provided a temporary right to use decedent’s co-op apartment to his then fiancee, now surviving spouse. The surviving spouse cross-petitioned to probate an instrument executed by Rattner in 2009. One of the main differences between the wills was the wife received the co-op shares outright, but the daughters were nominated fiduciaries under all wills. The daughters objected to probate of the 2009 will, and now sought dismissal of the wife’s petition arguing certain actions breached the parties’ prenuptial agreement resulting in her forfeiting any benefits under the agreement or will, thus precluding her standing. The court ruled such forfeiture theory had no place in a probate proceeding, denying this aspect of the motion. Further, it noted any issues concerning the prenuptial agreement must be raised in an appropriate action, and on proper notice within such proceeding, denying the part of daughters’ motion for wife to return property she received under her prenuptial agreement. The court also denied daughter’s petition for legal fees from wife as the issue must be decided in an accounting suit.
