MARRIOTT, GAIL v. MARRIOTT, ROBERT W.
CA 11-00279
| N.Y. App. Div. | Jul 8, 2011Background
- Petitioner sought discovery and net-proceeds relief from the estate; Surrogate’s Court denied summary judgment.
- Decedent executed a durable general POA on hospital admission granting powers to her sons, including real estate transactions.
- Decedent revoked the POA approximately two months later.
- Thomas Marriott conveyed decedent’s property to himself and respondent for $1; later he conveyed his one-half back to the estate for no consideration.
- The estate and the respondent sold the property for $135,000, with net proceeds held in escrow pending the proceeding.
- The issue is whether the property and proceeds were decedent’s estate assets at death and whether the POA authorization was void.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| POA validity to convey property | Marrriott showed POA valid only if initials indicated authority | POA wording with Q and X indicated authority despite lack of decedent initials | POA invalid; no authority granted to convey |
| Effect of revocation and conveyance back to estate | Revocation after conveyance did not cure void sale | ROA preserved after revocation; sale valid | Conveyance void; proceeds belong to estate |
| Entitlement to net proceeds | Property remained estate asset; proceeds should be released to estate | Respondent entitled to share of proceeds | Proceeds are estate property; release to estate required |
Key Cases Cited
- Matter of Murray, 84 AD3d 106 (2011) (estate ownership in similar context)
- Zuckerman v. City of New York, 49 NY2d 557 (1980) (standard for summary judgment proof)
- Coviello v. Coviello, 78 AD3d 696 (2010) (support on lack of triable issues)