While the Surrogate’s Courts have been busy the past several months addressing trusts and estates-related matters, the Appellate Divisions of each of the judicial departments have also been active in their review of issues affecting decedent’s estates. From the validity of releases, to spousal status, to the discovery of personal income tax returns, the appellate courts have provided useful instruction on matters impacting Surrogate’s Court practice.
Validity of Decedent’s Release
In Matter of Aoki, the Appellate Division, First Department, reversed a decree of the Surrogate’s Court, New York County (Mella, S.), which invalidated two partial releases of a power of appointment executed by the decedent and denied the motion of the decedent’s children for summary judgment declaring said releases valid.
