Christopher Milito & Daniel Studin Defeat Challenge to Large Trust

Christopher Milito and Daniel Studin obtained the dismissal of a petition filed in New York County Surrogate’s Court to set aside a revocable trust, and thereby redirect in excess of $15 million dollars of Manhattan real estate. The petitioner, the estranged sister of the trust’s settlor, had previously consented to the probate of the settlor’s will. Nevertheless, the sister argued that the trust, signed on the same day as the will, was procured by undue influence and was therefore invalid.

Christopher and Daniel argued that, due to her consent to the will, the sister lacked standing to object to the trust, and her case must be summarily dismissed. The New York County Surrogate’s Court agreed and dismissed the sister’s petition.