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MATTER OF ESTATE OF BRAASCH

520502.

140 A.D.3d 1341 (2016)

33 N.Y.S.3d 541

2016 NY Slip Op 04480

In the Matter of the Estate of MARIANNE C. BRAASCH, Deceased. MELISSA SMITH-HUMM et al., Respondents; HANS HEINRICH BRAASCH, Individually and as Executor of MARIANNE C. BRAASCH, Deceased, and as Trustee of the MARIANNE C. BRAASCH LIVING TRUST U/A 4/11/2005, AMENDED 10/14/08, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided June 9, 2016.

Marianne C. Braasch (hereinafter decedent) died testate in January 2009 survived by respondent, her brother, and petitioners — her sister, Hannelore Smith, and Smith's three children. Decedent had created an inter vivos trust funded with certain real and personal property, including several qualified retirement plans. Petitioners...

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