Download This PaperSurrogate Feinberg Holds Jury Trial Available in Challenge to Inter Vivos Trust
49 Brooklyn Barrister No. 3, p.1 (1997)
2 Pages Posted: 7 Apr 2020
Date Written: November 1, 1997
Abstract
In Estate of Arthur Solomon, Kings County Surrogate Michael Feinberg held that, in a proceeding to set aside an inter vivos trust, petitioner has a right to a jury trial. Surrogate Feinberg, together with a recent decision from New York County Surrogate Renee Roth, expressed the minority view on this question. Three other Surrogates, including the other New York County Surrogate, Eve Preminger, have held that no jury trial is available in a proceeding that challenges an inter vivos trust instrument.
This Article reviews Surrogate's Feinberg's decision and then discusses both views on whether a petitioner is entitled to a jury trial in challenges to an inter vivos trust.
Keywords: Estate Litigation, Estate Planning, Surrogate's Court Practice, Jury Trial, Inter Vivos Trust
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