Bret Cahn: The Challenge of Finding Admissible Evidence in Abandonment Proceedings (April 25, 2022)

Bret Cahn, of New York Trusts and Estates Litigation Blog, has published his article, titled “The Challenge of Finding Admissible Evidence in Abandonment Proceedings”, where he describes how some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement, especially when there are existing claims of abandonment. The summary is as follows:

Some of the most interesting estate litigation issues arise in proceedings to determine a surviving spouse’s entitlement to an elective share, particularly when there are claims of abandonment.  Under EPTL § 5-1.1-A(a), “a personal right of election is given to the surviving spouse to take a share of [a] decedent’s estate.”  Section 5-1.2(a) provides that a husband or wife is a “surviving spouse,” within the ambit of EPTL § 5-1.1-A, “unless it is established satisfactorily to the court having jurisdiction of the action or proceeding that . . . [the] spouse abandoned the deceased spouse, and such abandonment continued until the time of death” (EPTL § 5-1.2[a][5]).

To view the full article, click here: “The Challenge of Finding Admissible Evidence in Abandonment Proceedings”

Posted by Mallory Wentz, Associate Editor, Wealth Strategies Journal.

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