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MATTER OF TRIGOBOFF

175 Misc.2d 370 (1998)

669 N.Y.S.2d 185

In the Matter of The Estate of Martin Trigoboff, Deceased.

Surrogate's Court, New York County.

January 15, 1998

Attorney(s) appearing for the Case

Nesenoff & Miltenberg, New York City (Andrew Miltenberg of counsel), for Craig Trigoboff, executor. Lonnie G. Tishman, New York City, for Jacqueline Trigoboff, respondent.

EVE PREMINGER, S.

This application by the executor of the estate of Martin Trigoboff seeks a determination of the beneficiary of decedent's individual retirement account (IRA). At issue is whether a testamentary disposition of an IRA in a will predating decedent's marriage supersedes the IRA's generic default designation in favor of the surviving spouse. For the reasons described below, the court holds that...

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