Legal Opinion
In re the Estate of Kleinerman
New York Surrogate's Court
Decided March 31, 1971PublishedCited by 7 opinions
1Opinion of the Court
Nathan R. Sobel, S.
The issue raised in this proceeding has not been decided by any court — at least in any published opinion. *564It concerns the right of a surviving spouse to elect against ‘ ‘ testamentary substitutes ’ ’, a right available in this State since September 1, 1966 (EPTL 5-1.1, subd. [b]).
The inter vivos transactions, which under the cited statute are treated as “testamentary substitutes”, are — (A) Gifts causa mortis-, (B) Totten trust accounts; (C) Joint savings accounts; (D) Other joint tenancies; and (E) Certain revocable transfers in trust or otherwise.
The new statute…
2Cases cited15 opinions
- Newman v. DoreNew York Court of Appeals · 1937
- In Re the Accounting of BrannNew York Court of Appeals · 1916
- In Re the Estate of GreenbergNew York Court of Appeals · 1933
- In re HalpernNew York Court of Appeals · 1951
- In Re of Proving the Last Will & Testament of CampbellNew York Court of Appeals · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re Estate of AgioritisAppellate Division of the Supreme Court of the State of New York · 1976
- In re the Estate of FilfileyNew York Surrogate's Court · 1972
- In re Estate of FoxNew York Surrogate's Court · 1971
- In re the Estate of GrossmanNew York Surrogate's Court · 1972
- In re the Estate of AgioritisNew York Surrogate's Court · 1975
2 more not listed; retrieve them via the Exa API.