Legal Opinion
In re the Estate of Arroyo
Appellate Division of the Supreme Court of the State of New York
Decided June 16, 2000PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: The Surrogate properly excluded respondent from receiving any share of the settlement proceeds attributable to the wrongful death of his child. Pursuant to EPTL 4-1.4 (a), “No distributive share in the estate of a deceased child shall be allowed to a parent who has failed or refused to provide for, or has abandoned such child while such child is under the age of twenty-one years”. Disqualification under EPTL 4-1.4 precludes one from sharing in wrongful death proceeds under EPTL 5-4.1 (see, Turano, Practice Commentaries, McKinney’s Cons…
2Cases cited10 opinions
- In re the Adoption of DavisNew York Surrogate's Court · 1932
- In re the Accounting of MusczakNew York Surrogate's Court · 1949
- In re the Estate of SchriffrinNew York Surrogate's Court · 1934
- In re the Estate of BaecherAppellate Division of the Supreme Court of the State of New York · 1993
- In re the Estate of ZounekNew York Surrogate's Court · 1932
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- In re the Estate of GonzalezNew York Surrogate's Court · 2003
- Claim of Caldwell v. Alliance Consulting Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- In re the Estate of BallAppellate Division of the Supreme Court of the State of New York · 2005
- In re the Estate of PessoniNew York Surrogate's Court · 2005