MATTER OF CARUSO


70 A.D.3d 937 (2010)

895 N.Y.S.2d 481

In the Matter of the Estate of ANTONIETTA CARUSO, Deceased. JOSEPHINE DECARO, Appellant; FERNANDO CARUSO, Respondent.

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

Decided February 16, 2010.


Ordered that the decree is affirmed, with costs.

In a deed dated March 17, 2003, the decedent, then an 82-year-old woman with five adult children, conveyed title to her house to her son, Fernando Caruso (hereinafter Fernando), who had been living with her at the house for approximately 30 years. However, the decedent, who spoke with counsel outside of Fernando's presence before signing the deed, retained a life estate for herself. In addition, pursuant to a trust...

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