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WERTHER v. WERTHER

Index No. 655802/19. Appeal No. 14432. Case No. 2020-04884.

199 A.D.3d 546 (2021)

158 N.Y.S.3d 55

2021 NY Slip Op 06465

Stephen Werther et al., Appellants, v. Ellen Ressler Werther, Also Known as Ellen Werther, Respondent. (And Another Action.)

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

Decided November 18, 2021.

Attorney(s) appearing for the Case

Hasapidis Law Offices, Scarsdale ( Annette G. Hasapidis of counsel), for appellants.

Ressler & Ressler, New York ( Bruce J. Ressler of counsel), for respondent.

Concur—Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

On November 12, 2015, a rollover IRA account in the name of J. Lawrence Werther (the decedent) was funded at Morgan Stanley, and the parties, the decedent's three children, were named as equal beneficiaries. On November 23, 2015, the decedent signed a durable power of attorney (POA) giving defendant authority over the IRA Account and authority to designate and change the IRA beneficiaries. On October 3, 2017, the decedent signed a Declaration of Trust establishing the trust...

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