Highlights and Notable Decisions From Summer 2018
October 15, 2018
The summer months have seen decisions as variable as the weather, addressed to claims against an estate, fiduciary bonds, and the statute of limitations. The issues were novel and instructive, and are discussed below.
Determining the Validity of Claims Under SCPA Article 18. In In re Estate of Persing, Sr., NYLJ, Aug. 17, 2018, at p. 36 (Sur. Ct. Richmond County), the Surrogate’s Court, Richmond County, was confronted with the issue of whether an accounting or a proceeding pursuant to SCPA 1809 was the best alternative to determine the validity of creditors’ claims against the decedent’s estate.
The decedent died, testate, on Feb. 25, 2009. Following his death, his estate was embroiled in years of litigation, which ultimately resulted in a global settlement on Nov. 14, 2017, and the admission of the decedent’s Will to probate. Thereafter, the respondents, creditors of the estate, sought a compulsory accounting in order to have their claims adjudicated. These claims consisted of personal loans allegedly made to the decedent amounting to $154,800. The executrix opposed the application, and instead filed a petition pursuant to SCPA 1809 requesting a determination of the validity of the claims.
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Reprinted with permission from the New York Law Journal, Vol. 260 | No. 73 | An ALM Publication
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