As winter has left its mark over the past three months, so, too,
did the Court of Appeals and the Surrogate's Courts throughout
the state, as they examined important issues affecting the practice
of trusts and estates. Consider the following decisions of
interest.
Court of Appeals Examines In Terrorem Clause
In Carlson v. Colangelo, the Court of Appeals addressed, inter
alia, the issue of whether the plaintiff triggered the in terrorem
clause in the decedent's revocable trust when she commenced the
underlying action against the trustee, and thereby forfeited her
bequests.
The decedent had a pour over will that directed that all of his
assets be disposed of pursuant to the terms of his revocable trust.
Pursuant to the terms of the trust, the grantor directed that the
trustee thereof distribute to the respondent all of his interest or
the trust's interest in Dempsaco LLC.
