Estate Litigation Tidbits Fall 2006

“INITIALLY” IT SEEMED IMPORTANT:  DUE EXECUTION OF WILL DEMONSTRATED EVEN WHEN “INITIALS” AND SIGNATURE DID NOT MATCH

 

In this contested probate proceeding, Westchester County Surrogate, Hon. Anthony A. Scarpino, found that in executing her Last Will and Testament, the fact that the testatrix initialed each page of the instrument with her three initials, and signed her name without her middle initial, did not raise an issue on due execution.

The proponent of the Will set forth a prima facie case on due execution.  The objectant emphasized that while the Testatrix initialed each page of the instrument with her three initials, her signature did not contain her middle initial.

The Court held that the mismatched initials and signature did not raise an issue on due execution and granted summary judgment for the proponent.  In Re Taylor, N.Y.L.J. Feb. 6, 2006 at 46 (Sur. Ct. Westchester County).

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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.