We represented the co-executor defendants in an estate litigation. The plaintiff was the wife of the Decedent and made a claim to half of the $2.7 million proceeds from the sale of development rights to a property owned by the Decedent. Plaintiff was only given a life estate to the property and a lump sum of $250,000.00 in the Decedent’s will. Plaintiff alleged in her complaint that the Decedent orally promised her half of the proceeds. Plaintiff also claimed that because she signed some of the closing documents she was entitled to, as his spouse, one-half of the proceeds. Plaintiff also claimed that one-half of the sale proceeds was a gift. On behalf of the co-executors, we filed a motion for summary judgment contending that as a matter of law the plaintiff’s complaint should be dismissed. The Court agreed finding that the deed transferring the ownership of the property was only to the decedent and that the sale proceeds could not be a gift because the proceeds were deposited into a bank account that was only in the decedent’s name.
Plaintiff filed an appeal. We defended the co-executors in the Appellate Division. The Appellate Division agreed with the trial court and affirmed the ruling dismissing the plaintiff’s complaint.