Legal Opinion

In re the Estate of Wurcel

New York Surrogate's Court

Decided May 27, 2003PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Eve Preminger, S.

This is a proceeding to determine the validity of a right of election by a surviving spouse’s estate.

Decedent Paul Wurcel died on January 21, 1998, leaving a will dated June 19, 1994, which left half his estate in trust for the benefit of his surviving spouse, Esther Wurcel. In 1993, Esther had been diagnosed with severe dementia and Alzhei*797mer’s disease, which resulted in her being placed in a nursing home. In 1996, Esther’s Medicaid application was approved and her care was paid for through the Department of Social Services (DSS). Esther remained…

2Cases cited16 opinions

  1. Beatty v. . Guggenheim Exploration Co.New York Court of Appeals · 1919
  2. Sharp v. KosmalskiNew York Court of Appeals · 1976
  3. Simonds v. SimondsNew York Court of Appeals · 1978
  4. Sinclair v. . PurdyNew York Court of Appeals · 1923
  5. Oursler v. ArmstrongNew York Court of Appeals · 1961

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3Cited by2 opinions

  1. In re the Estate of FellowsAppellate Division of the Supreme Court of the State of New York · 2005
  2. In re RiveraNew York Supreme Court · 2005

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