Legal Opinion
In re the Estate of Lamos
New York Surrogate's Court
Decided June 11, 1970PublishedCited by 5 opinions
1Opinion of the Court
Nathan- B. Sobel, ,S.
This is a proceeding to determine the right of a husband as the surviving spouse to elect against the will of his deceased wife. The parties lived together for a short three years. Prior to Mrs. Lamos’ death in 1968, the parties had lived separately and apart without any communication whatsoever for over 14 years. Yet on the present state of the law in this frequently recurring and troublesome area, this husband is entitled to one half of the net estate of his wife (EPTL 5-1.1, subd. [c], par. [1], subpar. [B]).
For on the trial it was established, by the only proof…
2Cases cited11 opinions
- In Re the Estate of MaidenNew York Court of Appeals · 1940
- In Re the Estate of RechtschaffenNew York Court of Appeals · 1938
- In re the Estate of GreenNew York Surrogate's Court · 1935
- City Bank Farmers Trust Company v. MillerNew York Court of Appeals · 1938
- In re the Estate of SitkinNew York Surrogate's Court · 1934
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re the Estate of RiefbergNew York Court of Appeals · 1983
- Matter of Estate of LorenzoHawaii Supreme Court · 1979
- In re the Estate of RuffAppellate Division of the Supreme Court of the State of New York · 1982
- Shenandoah v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 1976
- In re the Estate of MilbankNew York Surrogate's Court · 1975