In re Malone Family Trust

Appeal from an order of the Surrogate’s Court of Albany County (Doyle, S.), entered January 6, 2010, which granted respondents’ motion for partial summary judgment declaring certain real property to be an asset of the Malone Family Trust.

The principal issue on appeal is whether real property located at 30 Brookman Avenue in the Town of Bethlehem, Albany County is an asset of the Malone Family Trust. In May 1994, before the trust was created, Clara Malone (hereinafter decedent) transferred her home on Lehner Road in the Town of Guilderland, Albany County to one of her daughters, respondent…