right of election

Unlawful Marriages and the Right of Election

February 16, 2012 01:30

Under New York law, a decedent is prohibited from disinheriting his or her surviving spouse (see Margaret Valentine Turano, Practice Commentaries: EPTL § 5-1.1-A [1999 ed.]). Consistent with that prohibition, the laws of this state provide that a decedent’s surviving spouse has a...

A View from the Appellate Bench

May 17, 2011 14:49

Over the past several months, the Appellate courts have been actively engaged in determining issues pertinent to the field of trusts and estates and providing guidance to the Surrogate’s Court practitioner. The following is a synopsis of but a few of the decisions rendered. Discovery...

Newlywed Surviving Spouse of Infirm Elderly Husband Denied Elective Share

April 07, 2010 03:43

Every once in awhile a case comes along that is so egregious, that even where the law should compel a court to rule one way, the facts force a different result. The case of Campbell v. Thomas is one such example. Here are the facts as recited by the Court: Nidia well knew, Howard's dementia had...

Appellate Division Cites Equitable Factors In Denying Entitlement to Elective Share

March 30, 2010 15:04

This month, the Second Department has issued two important decisions on entitlement to an elective share when a marriage occurred while the decedent lacked the requisite mental capacity to enter into a marital contract. Matter of Berk and Campbell v Thomas were both cases in which a...

Potential Court Approval of Religious Divorce Is Irrelevant to Right of Election

Jaclene D’Agostino
December 04, 2009 16:04

A recent decision emanating from the Kings County Surrogate’s Court provides another interesting application of the rules on entitlement to an elective share. In Matter of Atiram, 2009 NY Slip Op 52356(U), the petitioner sought a determination as to her right of election under EPTL...