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ESTATE OF ISIDORO LIPSTEIN, a/k/a ISAAC LIPSTEIN, Deceased. (14/1251/A) — In this pending proceeding, Raquel Lipstein, surviving spouse of the decedent, petitions the Court to extend her time to file and serve a renunciation of her interest in the estate of her late husband. EPTL 2-1.11 is quite clear as to the requirements for renouncing one’s interest in an estate.

In this instance, the renunciation, in writing, signed and acknowledged by the surviving spouse, was required to be filed in the Surrogate’s Court within nine (9) months after the decedent’s death on August 26, 2013. Juliana O’Grady, Esq., counsel for the petitioner first attempted to file and serve the renunciation on May 30, 2014, four days after the time to file the renunciation had expired. Her papers failed to meet the minimum requirements for filing, however, and were not corrected by her and accepted by the Clerk’s Office until March 2, 2015, at which time the papers were referred to the Law Department for review.

 
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