In re Atiram

In a proceeding pursuant to SCPA 1421 to determine the validity and effect of an election pursuant to EPTL 5-1.1-A asserted by Shelly Atiram against the estate of the decedent Sam Atiram, the objectant Hadassa Engelsberg appeals from an order of the Surrogate’s Court, Kings County (Johnson, S.), dated December 16, 2009, which granted the petitioner’s motion for summary judgment.

Ordered that the order is affirmed, with costs.

EPTL 5-1.1-A grants a surviving spouse a personal right of election to take a share of a decedent’s estate. Here, Shelly Atiram (hereinafter the movant) made a prima facie…