Read Shamash v. Stark, reprinted at the end of this chapter, and discuss how the New York court came to its decision despite the fact that the decedent died in Florida. The Surrogate’s Court dismissed the petition. It found that the petitioner lacked standing to seek an accounting or removal with respect to the trust. The court reasoned that:
What will be an ideal response?
(1) the trust was governed by New York law; (2) in terrorem clauses are enforceable in New York; and (3) the petitioner triggered the trust’s in terrorem clause by contesting the decedent’s will and trust in Florida. It determined that although no contest clauses are void as against public policy in Florida, that was immaterial because the trust was a New York trust.
This case shows that one must be careful to not trigger an in terrorem clause.
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