Legal Opinion

In re the Estate of Braasch

Appellate Division of the Supreme Court of the State of New York

Decided June 9, 2016Published

1Opinion of the CourtLynch, J.

Appeal from a judgment of the Surrogate’s Court of Otsego County (Lambert, S.), entered September 23, 2014, which, among other things, granted petitioners’ application, in a proceeding pursuant to SCPA 711, to, among other things, impose surcharges upon respondent.

Marianne C. Braasch (hereinafter decedent) died testate in January 2009 survived by respondent, her brother, and petitioners — her sister, Hannelore Smith, and Smith’s three children. Decedent had created an inter vivos trust funded with certain real and personal property, including several qualified retirement plans. Petitioners…

2Cases cited11 opinions

  1. In re the Estate of RothkoNew York Court of Appeals · 1977
  2. In Re the Estate of JanesNew York Court of Appeals · 1997
  3. In Re the Estate of DonnerNew York Court of Appeals · 1993
  4. In Re the Estate of GreatsingerNew York Court of Appeals · 1986
  5. In re the Estate of JanesAppellate Division of the Supreme Court of the State of New York · 1996

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