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In the Matter of Lester Feinne

Court: New York Supreme Court, Appellate Division, Second Department (2009)

Citation: 60 A.D.3d 763, 875 N.Y.S.2d 191, 2009 N.Y. Slip Op. 01799

Background: Our client, Lilia Feinne, was the executrix of the decedent's estate. As part of the probate case, she became involved in a dispute with a partnership called Intercounty Associates, which would not deliver the proceeds of a certain sale to the decedent's estate. She filed a motion with the Suffolk County Surrogate's Court to require Intercounty Associates to show cause.

The New York State Department of Taxation and Finance (NYSDTF) attempted to intervene regarding the Intercounty Associates motion.

Details of the case: The NYSDTF claimed that that the funds held by Intercounty Associates belonged to Ms. Feinne individually and not to Mr. Feinne's estate. Since there had been tax liens imposed against Ms. Feinne, the State argued that the funds should be turned over to the NYSDTF in partial satisfaction of those liens.

Ms. Feinne asked the court to dismiss NYSDTF's response, claiming that NYSDTF had no standing to intervene. The Surrogate's Court agreed, and NYSDTF appealed. While the appeal was pending, Ms. Feinne and Intercounty settled their dispute and the proceeding voluntarily discontinued with prejudice.

Decision: Since the proceeding was discontinued with prejudice and the NYSDTF had no counterclaims in this action, the Appellate Division found that the question of whether the NYSDTF had standing was moot. The appeal was therefore dismissed without costs or disbursements.

At Weinstein, Kaplan & Cohen, P.C., our attorneys' firm grasp of both estate planning and probate is a powerful tool in the litigation and appeal of will disputes. If you have a probate dispute that needs experienced representation and well crafted legal advocacy, contact us today. Our lawyers can be reached by phone at (800) 722-1342 or by e-mail using our intake form.

Please click here to see the complete text of the court's decision.

Thursday, March 22, 2018

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