After Richard Baum died, his widow and two children decided to sell his apartment and split the proceeds. But when Valerie Greenly -- Richard's widow -- found a letter (supposedly written by the deceased) making her a co-owner of the unit, Baum's son sought a court order declaring the document invalid.
After the New York County Surrogate's Court concluded that the apartment hadn't been gifted to Greenly, an appeal to the Appellate Division, First Department, followed.
Since it was unclear whether Richard had signed the letter, why it had taken Greenly over a decade to produce the document, and why no one had been previously told about the transfer -- including the bank which held the mortgage to the unit -- the AD1 thought that Valerie failed to present "clear and convincing evidence" that a gift had been made.
Bet she mourned that loss.
To view a copy of the Appellate Division's decision, please use this link: Matter of Baum