“Death Bed” “Quickie” Marriages Held to be Void Ab Initio by Appellate Division

Elder abuse, including the financial exploitation of elderly individuals, especially by non family members, who have become mentally incapacitated[1] is an unfortunate and growing problem in our society. The unique vulnerabilities of those abused, the easily overlooked evidence of such abuse, and the sometimes invisible nature of the abuse itself, make this a difficult issue to both recognize and address, even by those closest to its victims.  This abuse, compounded by individuals seeking to profit from their abuse and seemingly statutory loopholes allowing them to do so beckoned judicial intervention.

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Estate Litigation Tidbits Spring 2006

YOU SNOOZE, YOU LOSE: POST-DEATH ESTATE PLANNING IS NOT A “USEFUL PURPOSE” TO DELAY OR AVOID PROBATE

 

Decedent executed a Last Will and Testament in 1976, which left his entire estate to his surviving spouse, and which also nominated her as Executrix.  Decedent died in 1993.  His wife never offered his Will for probate in 1993.  Twelve years later, she sought issuance of letters of administration on waivers and consents from their two sons, who were the only other distributees of decedent’s estate. The wife argued that hundreds of thousand dollars would be saved in her estate at her death by permitting the administration proceeding to go forward, which would distribute the amounts between herself and her sons.  Surrogate’s Court of Washington County (Berke, S.) denied her petition and this appeal ensued.