MATTER OF HAMA

2009-4505.

39 Misc.3d 429 (2012)

957 N.Y.S.2d 583

2012 NY Slip Op 22378

In the Matter of the Estate of SHOICHIRO HAMA, Deceased. MATASHICHIRO HAMA et al., Plaintiffs, v. RIVERSOURCE LIFE INSURANCE COMPANY OF NEW YORK et al., Defendants.

Surrogate's Court, New York County.

November 26, 2012.


Attorney(s) appearing for the Case

Ogihara & Associates, PLLC, New York City ( Matthew Presseau of counsel), for Matashichiro Hama and another, plaintiffs. Michael Howard Kane , New York City ( Jonathan D. Golby of counsel), for Yuko Machida, defendant.


OPINION OF THE COURT

KRISTIN BOOTH GLEN, S.

The narrow issue before the court is whether Yuko Machida abandoned her husband, Shoichiro Hama, and therefore has forfeited the rights with respect to his estate that would otherwise accrue to her as his surviving spouse (EPTL 5-1.2 [a] [5]). There is also a larger issue, perhaps better directed to the legislature: whether the strict definition of abandonment...

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