As 2022 comes to a close, we look back on a year marked by numerous decisions of interest impacting trusts and estates. The last several months of 2022 have been no exception, as Surrogate’s and Appellate courts throughout the state weighed in on issues significant to the estate practitioner.

Standing To File Objections to Estate Accounting Denied

In In re Delaney, N.Y.L.J., Oct. 20, 2022, at 55, col. 4, 2022 NYLJ LEXIS 1905 (Sur. Ct. Ulster County), the court addressed the standing of a cash legatee under the decedent’s will, and the voluntary administrator of the estate of a post-deceased residuary beneficiary and devisee to file objections to an estate accounting. The court held that the cash legatee lacked standing, finding that the bequest to which he was entitled vested as of the decedent’s death, and that the subject accounting acknowledged and provided for its full payment, free of any liability for administration expenses. Moreover, the court held that the voluntary administrator lacked standing to file objections inasmuch as the interest in the estate of the post-deceased beneficiary exceeded the statutory amount of $50,000 that he was authorized to collect. The court therefore dismissed his objections, without prejudice, to refile same at such time as full letters of administration were issued, subject to the time constraints found in CPLR 205(a). Finally, the court dismissed the objections of the specific devisee, concluding that title to the subject property vested in him upon the decedent’s death, and thus he was personally responsible for the expenses attendant thereto.

Third-Party Suit Based on Contract To Make a Will Denied

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