Legal Opinion

In re Heller Inter Vivos Trust

New York Surrogate's Court

Decided May 18, 1994PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Renee R. Roth, S.

This is an application to split an irrevocable inter vivas *370trust into two trusts for the novel purpose of insulating the trust’s substantial cash and securities from potential creditor’s claims that could arise from the trust’s real property.

The trust was created by Joseph Heller on February 22, 1984 for the sprinkling income and principal benefit of his three grandchildren with final distribution of principal when the youngest reaches age 30.

The trustee proposes to create two trusts, one to hold the real property (a Manhattan apartment building) and the…

2Cases cited7 opinions

  1. In Re the Will of HornerNew York Court of Appeals · 1924
  2. In Re the Will of ButtnerNew York Court of Appeals · 1926
  3. In re the Estate of ChoateNew York Surrogate's Court · 1988
  4. Bottlers Seal Co. v. RaineyNew York Court of Appeals · 1926
  5. In re the Estate of NossiterNew York Surrogate's Court · 1990

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. In re the Construction & Division of the Trust for the Benefit of FussellAppellate Division of the Supreme Court of the State of New York · 2006
  2. In re SchlesingerNew York Surrogate's Court · 1996

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