Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Perlman

Supreme Court of New York, Second Department

May 17, 2017

In the Matter of Norman Perlman, deceased. Wendy Perlman, appellant; Hildegard Perlman, et al., respondents. (File No. 354268)

          McCarthy Fingar LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac], of counsel), for appellant.

          McLaughlin & Stern, LLP, New York, NY (Steven J. Hyman and Jonathan R. Jeremias of counsel), for respondent Hildegard Perlman.

          Law Office of Craig A. DiPrima, LLC, Huntington, NY, for respondent Jonathan Blass.

          CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, BETSY BARROS, JJ.

          DECISION & ORDER

         In a probate proceeding in which Wendy Perlman petitioned, inter alia, for a determination that the beneficiary of the decedent's Individual Retirement Account held by Ameriprise Financial Services is a testamentary trust as set forth in the decedent's last will and testament, Wendy Perlman appeals from an order of the Surrogate's Court, Nassau County (McCarty III, S.), dated November 25, 2014, which denied that branch of her petition which was for a determination that the beneficiary of the subject Individual Retirement Account is a testamentary trust as set forth in the decedent's last will and testament, and directed that the proceeds of the subject Individual Retirement Account be paid to Hildegard Perlman, as default beneficiary.

         ORDERED that the order is reversed, on the law, with one bill of costs, that branch of the petition which was for a determination that the beneficiary of the subject Individual Retirement Account is a testamentary trust as set forth in the decedent's last will and testament is granted, and the matter is remitted to the Surrogate's Court, Nassau County, for a determination with respect to the remaining branches of the petition.

         On January 22, 2007, the decedent, Norman Perlman, signed a beneficiary designation form in connection with a certain Individual Retirement Account held by Ameriprise Financial Services (hereinafter the IRA). The form is handwritten and provides for two primary beneficiaries, with 33.3% of the proceeds going to "The trust under my last will & testament for Hildegard Perlman (wife)" and 66.6% to "The trust under my last will & testament for Wendy Perlman (daughter)."

         On February 5, 2007, the decedent executed his Last Will and Testament (hereinafter the Will). The Will provides in Article SECOND:

"All the residue of my estate, both real and personal and wheresoever situate, I give, devise and bequeath to the Trustee of a living trust created under an agreement which I have executed immediately before my execution of this will, which is designated the NORMAN PERLMAN LIVING TRUST. If the living trust has terminated at my death, or if it is ineffective for any reason, then my Executor shall give the residue to my Trustee, hereinafter named, to be managed as follows:
"(1) The Trustee shall manage, invest and reinvest all of the trust property, shall collect and receive the income therefrom and shall pay one-third (1/3) of the net income to my wife HILDEGARD PERLMAN, and the remaining two thirds (2/3) of the net income to my daughter WENDY PERLMAN, for so long as HILDEGARD PERLMAN lives, in quarter-annual or more frequent intervals as determined by my Trustee in his absolute discretion.
"(2) Upon the death of HILDEGARD PERLMAN, all of the net income from trust property shall then be distributed to WENDY PERLMAN for as long as she lives, in quarter-annual or more frequent intervals as determined by my Trustee in his absolute discretion.
"(3) If WENDY PERLMAN shall predecease HILDEGARD PERLMAN, all of the net income shall then be distributed to HILDEGARD PERLMAN for as long as she lives, in quarter-annual or more frequent intervals as determined by my Trustee in his absolute discretion.
"(4) Upon the death of both HILDEGARD PERLMAN and WENDY PERLMAN, all remaining Trust property shall be distributed to my grandchildren ADAM PERLMAN, BRANDON PERLMAN and JASON PERLMAN in equal shares, per stirpes, in accordance with Article FIFTH herein."

         Also dated February 5, 2007, is the Norman Perlman Living Trust Declaration of Trust (hereinafter the Living Trust). The ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.