Justice Belen sits in the Appellate Division of the Second Department located in Brooklyn. He recently wrote a decision regarding a joint will involving Sandra Angelo Murray. In the year 2000, Mr. & Mrs. Murray entered into a divorce settlement agreement. In the divorce settlement, they reaffirmed their 1993 joint will. This 1993 joint will bequeathed to the survivor of the two the entire estate of the first person to die, as well as property which either of them had the power to dispose of.
After the divorce, Sandra Murray deeded their Florida condo to her ex-husband. He deeded title of the condo in Roslyn, New York, to Sandra. They traded one property for another. In 2006, the Roslyn condo became part of an irrevocable trust. In the year 2007, Sandra conveyed the Rosyln condo equally to her and Jerome’s four children.
A proceeding was brought under the New York Surrogates Court Procedure Act in Nassau County. The Surrogates Court held, and the 2nd Department (an appeals court) affirmed, that the will from 1993 was binding. Sandra could only bequeath the condo in Rosyln to Jerome. She could not bequeath it to her four children. The deed turning over the condo to the four children was therefore set aside and Jerome received the condo.
The Law Offices of Schlissel DeCorpo can help you if you want to contest a will. We draft wills and we probate wills. We also draft all types of trusts including, but not limited to, revocable living trusts and irrevocable trusts. We assist our clients with Elder Care planning, medicaid applications, medicaid planning techniques, and we litigate nursing home abuse cases. We draft special needs trusts for special needs children. Should you have a will, trust or estate related matter, feel free to call us. We can help you!