Legal Opinion
Wagenstein v. Shwarts
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2011PublishedCited by 4 opinions
1Opinion of the Court
*629This is an appeal from the IAS court’s refusal to vacate a prior order transferring this action, pursuant to SCPA 207, to the Surrogate’s Court. The sole issue on the appeal is whether the Surrogate’s Court has subject matter jurisdiction over this dispute concerning a lifetime trust established by the decedent. We agree with defendant that the Surrogate’s Court has jurisdiction over the dispute.
Plaintiff Peter Wagenstein and his sister, defendant Ellen Shwarts, are the sole children of decedent Sophie Wagenstein. On June 30, 1992, Sophie Wagenstein, as grantor, created an inter vivos trust…
2Cases cited6 opinions
- In re the Estate of PiccioneNew York Court of Appeals · 1982
- Nichols v. KrugerAppellate Division of the Supreme Court of the State of New York · 1985
- Cipo v. BlerkomAppellate Division of the Supreme Court of the State of New York · 2006
- In re AschNew York Surrogate's Court · 1992
- In re the Compulsory Accounting of the Lifetime Trust of SrozenskiAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by4 opinions
- Matter of Finkelstein v. FinkelsteinAppellate Division of the Supreme Court of the State of New York · 2022
- In re O'ConnellAppellate Division of the Supreme Court of the State of New York · 2012
- In re O'ConnellAppellate Division of the Supreme Court of the State of New York · 2012
- Parker v. American Assn. of Univ. WomenAppellate Division of the Supreme Court of the State of New York · 2020