IN RE MILTON S. RATTNER, DECEASED. DAWN RATTNER pet-ap, v. RUTH KOPPEL RATTNER, Cross-pet-res

12564. & M-1872. IN RE MILTON S. RATTNER, DECEASED. DAWN RATTNER pet-ap, v. RUTH KOPPEL RATTNER, Cross-pet-res — Edwards Wildman Palmer LLP, New York (Anthony J. Viola of counsel), for ap — McCoyd, Parkas & Ronan LLP, Garden City (Bill P. Parkas of counsel), for res — Order, Surrogate's Court, New York County (Nora S. Anderson, S.), entered on or about December 10, 2013, which, to the extent appealed from, denied petitioners' motion for summary judgment seeking a declaration that cross-petitioner wife waived and forfeited any inheritance under the will of decedent by reason of her violation of a pre-nuptial agreement, unanimously affirmed, without costs.

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12564. & M-1872. IN RE MILTON S. RATTNER, DECEASED. DAWN RATTNER pet-ap, v. RUTH KOPPEL RATTNER, Cross-pet-res — Edwards Wildman Palmer LLP, New York (Anthony J. Viola of counsel), for ap — McCoyd, Parkas & Ronan LLP, Garden City (Bill P. Parkas of counsel), for res — Order, Surrogate’s Court, New York County (Nora S. Anderson, S.), entered on or about December 10, 2013, which, to the extent appealed from, denied petitioners’ motion for summary judgment seeking a declaration that cross-petitioner wife waived and forfeited any inheritance under the will of decedent by reason of her violation of a pre-nuptial agreement, unanimously affirmed, without costs.

Standing is a preliminary matter that should be determined prior to a will contest (see Matter of Cook, 244 NY 63, 72 [1926]). Here, the wife has standing to challenge the transfer of the apartment and personalty bequeathed to her subsequent to the execution of the pre-nuptial agreement (see SCPA §§702[8][9], 1410). Moreover, the prenuptial agreement expressly provides that the parties could confer later benefits on each other. Thus, the court properly decided not to adjudicate the issues regarding the pre-nuptial agreement.

IN RE MILTON S. RATTNER, DECEASED. DAWN RATTNER pet-ap, v. RUTH KOPPEL RATTNER, Cross-pet-res

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