Surrogate Anthony Scarpino
Decedent’s eldest son, Elad Yoran moved for summary judgment dismissing the objections filed by his youngest brother, Adam, in this contested probate proceeding. Decedent executed an instrument in 1990 leaving 1/5 of his residuary estate to his current wife, Ruth, Adam’s mother, and the rest was divided among his four sons. In 2003, after retiring and subsequently being diagnosed with cancer, decedent marked up the 1990 instrument changing the shares of his residuary estate to reflect that his elder sons, Elad and Amit, should receive a smaller share of his estate as they had substantial personal assets. Adam filed objections to a new April 2010 will arguing lack of testamentary capacity and undue influence. On the record, the court found there were issues of fact as to decedent’s testamentary capacity, including that a physician determined in March 2010 that decedent no longer had capacity to make decisions, precluding summary judgment. It also found the record revealed issues of fact of whether Elad unduly asserted influence over decedent in the making of the 2010 instrument, including that an attorney draftsman appeared to deal exclusively with Elad concerning the drafting of the will.
