In re the Estate of Rimland

Appellate Division of the Supreme Court of New York

In re the Estate of Rimland

249 A.D.2d 150, 671 N.Y.S.2d 249, 1998 N.Y. App. Div. LEXIS 4352

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 21, 1998

StatusPublished

This text of 249 A.D.2d 150 (In re the Estate of Rimland) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Estate of Rimland, 249 A.D.2d 150, 671 N.Y.S.2d 249, 1998 N.Y. App. Div. LEXIS 4352 (N.Y. Ct. App. 1998).

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Opinion

[151]*151—Decree, Surrogate’s Court, Bronx County (Lee Holzman, S.), entered February 11, 1997, which, to the extent appealed from as limited by respondent-appellant’s brief, after a nonjury trial, ordered the decedent’s estate to pay petitioner Minnie Rimland the principal sum of $92,639.99, unanimously affirmed, without costs.

As the Surrogate found after a trial of the matter, there is no evidence to establish that the Q-TIP trust created by decedent husband for petitioner wife is susceptible of being treated as a substitute for the life insurance policy decedent was required by prenuptial agreement to maintain for petitioner’s benefit but which he allowed to lapse. Accordingly, it was proper to enforce the prenuptial contract against the decedent’s estate to the extent of awarding petitioner the face value of the lapsed policy. Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Williams, JJ.

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[151]*151—Decree, Surrogate’s Court, Bronx County (Lee Holzman, S.), entered February 11, 1997, which, to the extent appealed from as limited by respondent-appellant’s brief, after a nonjury trial, ordered the decedent’s estate to pay petitioner Minnie Rimland the principal sum of $92,639.99, unanimously affirmed, without costs.

As the Surrogate found after a trial of the matter, there is no evidence to establish that the Q-TIP trust created by decedent husband for petitioner wife is susceptible of being treated as a substitute for the life insurance policy decedent was required by prenuptial agreement to maintain for petitioner’s benefit but which he allowed to lapse. Accordingly, it was proper to enforce the prenuptial contract against the decedent’s estate to the extent of awarding petitioner the face value of the lapsed policy. Concur — Sullivan, J. P., Rosenberger, Nardelli, Rubin and Williams, JJ.

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Bluebook (online)

249 A.D.2d 150, 671 N.Y.S.2d 249, 1998 N.Y. App. Div. LEXIS 4352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-estate-of-rimland-nyappdiv-1998.