MATTER OF DURCAN

7506. 4296C/14.

165 A.D.3d 585 (2018)

87 N.Y.S.3d 26

2018 NY Slip Op 07241

In the Matter of Joan Durcan, Deceased. In the Matter of James Kevin Durcan, Respondent, v. Mary Anne Cunney, Appellant, and Morgan Stanley Smith Barney, LLC, Respondent.

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

Decided October 30, 2018.


The Surrogate correctly determined that, despite the decedent's clear intent to designate respondent Cunney as the beneficiary of her IRAs, Cunney is not entitled to the proceeds of the IRAs in the absence of a signed change of beneficiary form (see EPTL 13-3.2 [e] ["A designation of a beneficiary or payee to receive payment upon death of the person making the designation ... must be made in writing and signed by the person making the designation"]; Androvette v...

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