Appellate Division, First Department · October 15, 2026 · 2026 NY Slip Op 06001
Matter of Guralny
Read the official decision: 2026 NY Slip Op 06001
Holding The court affirmed the lower court’s order declaring the lifetime trust null and void because no assets were transferred to it during the decedent’s life. Consequently, the estate must be distributed pursuant to intestacy laws rather than the trust’s directives.
The court’s words
transfer is not accomplished by recital of assignment, holding or receipt in the trust instrument
2026 NY Slip Op 06001, at the official text
it is undisputed that no assets were transferred to the subject lifetime trust during the decedent's life
2026 NY Slip Op 06001, at the official text
the plain text of the trust agreement makes clear that the decedent's intent was only to dispose of trust assets via the trust
2026 NY Slip Op 06001, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06001 |
| Area of law | Trusts, Estates and Guardianship |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06001 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1244 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Guralny, 2026 NY Slip Op 06001 (Appellate Division, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06001/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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