In re the Estate of Colin

Appeal from an order of the Surrogate’s Court of Sullivan County (Ledina, S.), entered August 23, 2004, which, inter alia, granted respondent’s motion for summary judgment.

The issue before us is whether decedent’s husband adequately exercised a right to election under EFTL 5-1.1-A (d) (1). Decedent died in August 2001 and her will appointed petitioner, her son, as executor. In April 2002, petitioner’s attorney sent a letter to the attorney for decedent’s husband instructing her that all future correspondence regarding decedent’s estate should be mailed to him rather than petitioner. On June…