IN THE MATTER OF ESTATE OF LAPINE


18 A.D.3d 552 (2005)

795 N.Y.S.2d 294

In the Matter of the Estate of ANTHONY LAPINE, Deceased. ATTORNEY GENERAL OF STATE OF NEW YORK, Appellant; MARY BRAULT, Also Known as MARY ANN NEVILLE, Respondent, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 9, 2005.


Ordered that the decree is reversed insofar as appealed from, on the law, with one bill of costs payable by Mary Brault, also known as Mary Ann Neville, personally, and that branch of the petition to direct Mary Brault, also known as Mary Ann Neville, to refund to the estate the money she received as beneficiary of the decedent's Totten trusts is granted.

Creditors may reach funds in a Totten trust if other assets of a decedent's estate have been exhausted (see...

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