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MATTER OF ESTATE OF FREAD

Appeal No. 11934. Case No. 2019-4232.

187 A.D.3d 406 (2020)

129 N.Y.S.3d 762

2020 NY Slip Op 05285

In the Matter of the Estate of Ruth Fread, Deceased. Richard Fread, Appellant; Cynthia Amberg et al., Respondents.

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

Decided October 1, 2020.

Petitioner, one of decedent's four children, was specifically excluded as a beneficiary of a revocable trust, which decedent formed at the same time as she executed her last will and testament. The will provided that, if it was ever deemed invalid, the residuary estate would pass pursuant to the terms of the trust. The will was never offered for probate because decedent transferred her assets to the trust, leaving her estate without...

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