In New York, testamentary capacity refers to an individual’s mental soundness at the time of executing a will. As per New York law, the testator must possess the mental acuity to comprehend the nature and consequences of their actions in creating a will. According to EPTL §3-1.1, the testator is…
This case involves a petition by Clathina McMillan-Hoyte, as the Administrator of the Estate of Henderson T. Hoyte, seeking approval for the allocation and distribution of settlement proceeds. The matter arises from the allocation of 100% of the settlement to wrongful death, a decision challenged by the Albany County Department…
In re Horn, 68 Misc. 3d 1217 (N.Y. Surr. Ct. 2020), the dispute revolves around the Last Will and Testament dated January 15, 2019, including a claim related to the testamentary capacity of the testator. Testamentary capacity is crucial in ensuring the validity of a person’s will. It reflects the mental…
Delrossi v. Defendant V, 2004 N.Y. Slip Op. 24462 (N.Y. Sup. Ct. 2005) is a complicated case that spans over two decades. The intricacies of this legal battle, involving issues of wrongful death, survivorship claims, and reimbursement rights, present a fascinating study in the interplay between state and federal laws.…
Will construction is a legal process aimed at interpreting and understanding the intentions of a testator, the person who made the will, when the document’s language is unclear or subject to multiple interpretations. This process becomes necessary when beneficiaries or interested parties raise concerns or disputes regarding the meaning of…
Undue influence in New York involves exerting improper pressure to manipulate a testator’s free will and control their testamentary decisions. Specifically, when one person strategically influences a testator to harbor negative sentiments against another individual, it constitutes undue influence. This could include actions like spreading false information, creating a distorted…
In re Quinn, 2018 N.Y. Slip Op. 31655 (N.Y. Surr. Ct. 2018) was a contested probate proceeding centers around the last will and testament of Cecilia A. Quinn, dated July 26, 2010. The court faces a motion for summary judgment from the petitioner, Maureen Quinn, seeking to dismiss objections to…
Disinheritance of close relatives often sparks suspicions, with the disinherited parties speculating on potential untoward events that led to their exclusion. While such changes to an estate plan may raise eyebrows, they alone fall short of serving as conclusive evidence for claims of undue influence, lack of testamentary capacity, or…
In re Demesyeux, 978 N.Y.S.2d 608 (N.Y. Surr. Ct. 2013) the Surrogate’s Court considered an issue related to the wrongful deaths of 3 children and who was entitled to receive benefit from the proceeds of a wrongful death lawsuit. The case was tragic, as it involved a mother who suffered…
A beneficiary designation is a legal arrangement that allows an individual to specify who will receive their assets, such as life insurance proceeds, retirement account funds, or other payable-on-death accounts, upon their death. It is a critical aspect of estate planning, providing a clear directive for the distribution of specific…