Surrogate Rita Mella
This instant proceeding regarding two inter vivos trusts created by decedent Svigals was commenced by co-trustee Rimsky. A 2006 Trust was to continue for the balance of Svigals’ life, and was funded with certain property totalling more than $3 million. Svigals later established another trust for her life benefit in 2010 naming respondent Conard as Svigas’ co-trustee, and a remainder beneficiary, along with Svigals’ niece, Kirschenbaum, and nephew Paul, among others. The instant petition sought to invalidate the 2010 trust, which allegedly currently held property once held in the 2006 trust, on the grounds of incapacity and undue influence. The petition also sought an order declaring the 2006 trust valid and directing the return and redeposit of assets removed or disbursed from it. The court noted if the 2006 trust was validly revoked, Rimsky had no standing to seek relief in the name of the 2006 trust. Yet, if it was not revoked validly, the trust’s property must be returned to it from wherever the property was traceable. Svigals was now deceased, and her interests must be represented by a fiduciary for her estate, a necessary party, but as there was no such fiduciary, the court stayed the proceeding pending a petition for appointment of fiduciary.
