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In re the Estate of Rimland

Citations: 249 A.D.2d 150; 671 N.Y.S.2d 249; 1998 N.Y. App. Div. LEXIS 4352

Court: Appellate Division of the Supreme Court of the State of New York; April 21, 1998; New York; State Appellate Court

Narrative Opinion Summary

A decree from the Surrogate’s Court in Bronx County, issued by Judge Lee Holzman on February 11, 1997, affirmed the order for the decedent's estate to pay petitioner Minnie Rimland a sum of $92,639.99, following a nonjury trial. The court found no evidence indicating that the Q-TIP trust established by the decedent for his wife could replace the life insurance policy mandated by their prenuptial agreement, which the decedent failed to maintain. As a result, the enforcement of the prenuptial contract was deemed appropriate, leading to the award of the policy's face value to the petitioner. The decision was unanimously concurred by Justices Sullivan, Rosenberger, Nardelli, Rubin, and Williams.

Legal Issues Addressed

Enforcement of Prenuptial Agreements

Application: The court enforced the prenuptial agreement by awarding the petitioner the face value of the life insurance policy that the decedent was obligated to maintain but failed to do so.

Reasoning: The court found no evidence indicating that the Q-TIP trust established by the decedent for his wife could replace the life insurance policy mandated by their prenuptial agreement, which the decedent failed to maintain.

Obligations Under Prenuptial Agreements

Application: The decedent's failure to maintain a life insurance policy as required by the prenuptial agreement resulted in the court ordering the estate to pay the equivalent value to the petitioner.

Reasoning: As a result, the enforcement of the prenuptial contract was deemed appropriate, leading to the award of the policy's face value to the petitioner.