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May 2005 Archives

Estate Litigation Tidbits Spring 2005

By: Gary E. Bashian & James G. YastionAN UNFILED RENUNCIATION MAY BE RETRACTED,EVEN IF RELIED UPON BY THE PARTY WHOSE INTEREST WAS ACCELERATED In what the Court described as a case of first impression, the Petitioner sought permission to file a late renunciation.  Estate of William Overgard, III, N.Y.L.J., October 12, 2004, p. 29 (Surr. Ct., New York Co.). The Petitioner was not the renouncing party, but the person whose interest would be accelerated by the renunciation.  The Respondent, the renouncing party, sought to retract her renunciation and opposed the relief requested.
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