In the recent case of Matter of Kosmo Family Trust, Surrogate’s Court, Albany County 2024, the pivotal role of a Trusts & Estates Expert Witness was brought to the forefront in a dispute over the validity of amendments to a family trust. This litigation involved allegations of undue influence, questions of testamentary capacity, and the application of New York’s Dead Man’s Statute, all of which required expert analysis and testimony to resolve complex factual and legal issues.
Background and Parties
The Kosmo Family Trust was the subject of a contested proceeding in the Surrogate’s Court of Albany County, New York. Petitioners sought to invalidate the third and second amendments to the trust, alleging that the respondent, who was both a beneficiary and a fiduciary under the trust, exerted undue influence over the decedent. The respondent was named as agent under the decedent’s power of attorney, health care proxy, and as co-trustee under the third amendment, establishing a close fiduciary relationship with the decedent.
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