Legal Opinion

In re the Estate of Liebman

New York Surrogate's Court

Decided December 30, 1987Published

1Opinion of the Court

OPINION OF THE COURT

Stanley S. Ostrau, S.

The issues in this discovery proceeding arise from allegations that decedent’s husband (respondent) intentionally caused her death and that, prior to her death, she had withdrawn more than her moiety (one-half) interest from their *129joint bank account. It is subject to speculation whether these two events are related. Two interesting questions are presented. Does the intentional killing of one joint tenant by the other result in a total forfeiture of the survivor’s interest in the account or only a forfeiture of survivorship rights, thereby permitting…

2Cases cited12 opinions

  1. Riggs v. . PalmerNew York Court of Appeals · 1889
  2. Kleinberg v. HellerNew York Court of Appeals · 1976
  3. Bierbrauer v. MoranAppellate Division of the Supreme Court of the State of New York · 1935
  4. In re the Estate of PinnockNew York Surrogate's Court · 1975
  5. In re the Estate of BobulaNew York Court of Appeals · 1967

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