Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition

An individual who successfully executes a valid agreement relating to a piece of property within a testamentary disposition cannot alternatively dispose of the same property during life or at death. Schwartz v. Bourque involves three generations of women and a disposition of property that seemed to violate the prohibition against an alternative disposition after a valid agreement. Surrogate Reilly, in vacating a deed relating to the disputed property, was required to engage in a comprehensive analysis of agreements to make testamentary dispositions, contract construction, case and statutory law dealing with fraudulent conveyances, and the termination of joint tenancies.

See Brian Corrigan, Surrogate’s Court Sets Aside Fraudulent Conveyance Violative of Contract to Make a Testamentary Disposition, FarrellFritz, December 12, 2017.

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this article to my attention.