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Wills, Trusts & Estates Keyed to Bonfield
Matter of Murray
Citation:
84 A.D.3d 106 (N.Y. App. Div. 2011)Facts
Sandra and Jerome Murray executed a joint will which provided that the survivor would inherit the estate, including property each had power of disposal, and it could only be revoked or modified by both parties in writing and with testamentary formalities. This made the will unalterable after the first spouse’s death under New York law, categorizing it as a contractual will. After 50 years of marriage, the Murrays divorced, but they reaffirmed the joint will in a Marital Settlement Agreement incorporated into their divorce judgment, with an agreement not to revoke the will. They also assigned the sole title to their two condominiums—one to Jerome and the other to Sandra. Sandra then created an irrevocable trust, transferring the Roslyn condominium to the trustees with instructions for its distribution. In 2007, Sandra executed a will exercising her power of appointment over the trust, directing the distribution of the Roslyn condominium to her and Jerome’s children, without modifying the joint will. Upon Sandra’s death in June 2008, Jerome sought to probate the joint will, and as preliminary executor, he filed a turnover proceeding to compel Ivan, Sandra’s son-in-law and trustee, to transfer the deed of the Roslyn condominium to the decedent’s estate.
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