86 A.D.3d 943
N.Y. App. Div.2011Background
- Petitioner sought discovery and delivery of assets from the estate of decedent Aldona K. Marriott under SCPA 2103.
- Decedent executed a durablePOA in hospital appointing decedent’s sons and spouse as agents; decedent later revoked the POA.
- Thomas Marriott conveyed decedent’s residence to himself and respondent for $1; later conveyed back one-half to the estate without consideration.
- Estate and respondent later sold the property for $135,000; net proceeds are in escrow pending this proceeding.
- Petitioner argued the property belonged to decedent’s estate at death and thus proceeds belong to the estate; respondent argued otherwise.
- Surrogate’s Court denied summary judgment in petitioner’s favor; proceeding appeals the denial and seeks release of proceeds to the estate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the property belonged to decedent at death | Marriott argues property was decedent’s at death | Respondent contends otherwise | Property belonged to decedent; proceeds belong to estate |
| Whether the POA authorized conveyance of the property | POA form lacked valid initials; conveyance unauthorized | POA granted authority to convey despite lack of initials | POA conveyance void; no authority granted |
| Effect of invalid conveyance on net proceeds | Proceeds are estate assets | Respondent may be entitled to some proceeds | Proceeds are estate property; release to estate warranted |
Key Cases Cited
- Matter of Murray, 84 AD3d 106 (2011) (estate ownership of decedent’s property at death (App. Div.))
- Coviello v. Coviello, 78 AD3d 696 (2010) (burden and triable issue standard in estate matters)
- Zuckerman v. City of New York, 49 NY2d 557 (1980) (standard for summary judgment burden and evidence)