Legal Opinion

In re Charlotte W.

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

Decided March 31, 1999Published

1Opinion of the Court

Order unanimously affirmed with costs. Memorandum: County Court properly declared null and void the transfers by the alleged incompetent person (AIP) of *1033her home and $48,164.96 to respondent, her son. Petitioner met his burden of establishing that the AIP was incapacitated at the time of the transfers (see, Spallina v Giannoccaro, 98 AD2d 103; Matter of Camarda, 63 AD2d 837, 839) and that a confidential relationship existed between the AIP and respondent (see, Peters v Nicotera, 248 AD2d 969, 970). The burden then shifted to respondent to show that the transfers were not the product of undue…

2Cases cited4 opinions

  1. In re the Estate of CamardaAppellate Division of the Supreme Court of the State of New York · 1978
  2. Spallina v. GiannoccaroAppellate Division of the Supreme Court of the State of New York · 1983
  3. Peters v. NicoteraAppellate Division of the Supreme Court of the State of New York · 1998
  4. Hall v. ClyneAppellate Division of the Supreme Court of the State of New York · 1994

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