Legal Opinion
In re the Estate of Rothwell
New York Surrogate's Court
Decided July 20, 2001PublishedCited by 2 opinions
1Opinion of the Court
*193OPINION OF THE COURT
James D. Pagones, J.
This is an uncontested probate proceeding. It nevertheless raises several issues which compel the court’s intervention. They are:
1. The lack of a family tree and affidavit of heirship.
2. Failure of the attorney/draftsman to comply with SCPA 2307-a.
3. The effect of decedent’s lifetime trust and first amendment to it on the disposition of assets.
4. The cash gift to the attorney/draftsman’s wife.
5. The directive in the lifetime trust to allow full trustee’s commissions and reasonable attorney’s fees to the attorney/ draftsman.
Background
The decedent’s will…
2Cases cited6 opinions
- In Re the Will of PutnamNew York Court of Appeals · 1931
- In re the Estate of WeinstockNew York Court of Appeals · 1976
- Reoux v. ReouxNew York Court of Appeals · 1958
- Reoux v. ReouxAppellate Division of the Supreme Court of the State of New York · 1957
- In re the Construction of the Will of IvieNew York Court of Appeals · 1958
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- In re GoetzNew York Surrogate's Court · 2005
- Bishop v. MaurerAppellate Division of the Supreme Court of the State of New York · 2010