As Fall Begins, Looking Back at Cases

October 05, 2020

As the summer ends, and the colors of fall emerge, Surrogate’s Courts throughout the state continue to examine a broad range of issues impacting the field of trusts and estates. This month’s article considers a few of the many significant opinions rendered over the past several months addressing the discovery of assets, standing, and probate of a home-drawn will.

Post-Trial Determination on The Discovery of Assets

Before the Surrogate’s Court, Albany County, In re Mahoney was a consolidated trial of two proceedings commenced pursuant to SCPA Article 21. The first proceeding was commenced by two of the decedent’s children, as fiduciaries of the estate pursuant to SCPA §§2103 and 2104, seeking the return of certain property allegedly being wrongfully withheld from the estate by the respondent, the decedent’s “long- time companion” and “dear friend,” and a trust beneficiary under her will. The second proceeding was commenced by the respondent against the fiduciaries, pursuant to SCPA 2102(4), seeking to compel payment of annual trust distributions to him as required by the decedent’s will, together with interest, or alternatively, the removal of the fiduciaries as executors and trustees due to their failure to fund the trusts established under the will for his benefit.

Ilene Sherwyn Cooper is a partner with Farrell Fritz, P.C. in Uniondale, where she concentrates in the area of trusts and estates.

Reprinted with permission from New York Law Journal, Monday, October 5, 2020, Vol 264 – No. 67.

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