Wife Held in Contempt for Failure to Turn Over Funds Pursuant to Court Order

wills and estates attorneysSurrogate Nelida Malave-Gonzalez sitting in Bronx County recently found a wife in contempt for failure to abide by court orders. A proceeding was brought to find the wife in contempt with regard to her failure to abide by a court Order of April 28, 2010. This court Order required her to turn over $102,395.36 to her husband’s estate. The wife failed to do so. The court found she had appeared in Court and was represented by an attorney. The parties had entered into a stipulation on May 23, 2013 which required the wife to turn over the $102,395.36 to the administrator of her late husband’s estate. These funds were received by the wife related to the settlement of a class action lawsuit against her husband’s employer.

Surrogate Gonzalez found the wife knowingly violated the 2010 court Order with regard to the turning over of the funds to the administrator. Judge Gonzalez in her decision stated the wife did not present any defense to her violating the court Order. She further held she willfully disregarded the court Order despite the fact she had been served with the Order. While finding the wife in contempt, Judge Gonzalez stated that she could purge the contempt and avoid imprisonment if she complied with the court Order.

assistance in estate mattersElliot S. Schlissel, Esq., represent clients throughout the metropolitan New York area regarding probating wills, estate litigation and drafting wills and trusts.