HESS v. WOJCIK-HESS

511728.

86 A.D.3d 847 (2011)

928 N.Y.S.2d 103

2011 NY Slip Op 6006

ERIC R. HESS, as Executor of ROBERT C. HESS, Deceased, Respondent-Appellant, v. KAREN J. WOJCIK-HESS, Appellant-Respondent, et al., Defendant.

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

Decided July 21, 2011.


McCARTHY, J.

Robert C. Hess (hereinafter decedent) and defendant Karen J. Wojcik-Hess (hereinafter defendant) were married in 1993. In the separation agreement they signed in 2006, defendant waived any claim or interest in decedent's retirement savings and pension plans. One year later, decedent died.

Prior to his death, decedent had not designated any individual as the beneficiary of his savings and security program account or personal pension account with...

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