FOR IMMEDIATE RELEASE
CONTACT: Alison Arden Besunder
EMAIL: abesunder@goetzplatzer.com
An Important Win by Goetz Platzer Attorneys in Probate and Trust Dispute
New York, NY — March 24, 2026 — Goetz Platzer LLP is proud to announce a major appellate win on behalf of its clients, Mary Louise Baird Cardelli and Elizabeth Cardelli, who objected to the probate of the Last Will and Testament and Trust of their father and grandfather in a complex probate and trust dispute. The New York State Appellate Division, Second Department, reversed the Surrogate Court’s grant of summary judgment to the proponents of the Will and reinstated the objections as to undue influence.
Goetz Platzer LLP represented the appellants in two related matters: a contested probate proceeding and a challenge to the validity of the William P. Baird Revocable Trust. The firm successfully argued that the lower court erred in granting summary judgment dismissing the clients’ objections based on undue influence and in dismissing portions of their petition to invalidate the trust agreement.
In its decision, the Appellate Division held:
- The decree admitting the 2019 will to probate was reversed.
- Summary judgment dismissing the objections based on undue influence should not have been granted, as the Cardellis raised triable issues of fact, including evidence suggesting a confidential relationship and potential control exerted by one of the beneficiaries.
- The order dismissing the claim that the trust agreement was a product of undue influence was modified, allowing that claim to proceed.
The appellate panel found that one of the decedent’s sons controlled the decedent’s communications, finances and personal care, and interfered with his ability to maintain contact with the Cardelli family. The court found that these circumstances created legitimate factual questions warranting a trial rather than summary dismissal. The Appellate Division also affirmed that the appropriate standard for capacity to execute an inter vivos trust is a higher standard of contractual capacity, and not testamentary capacity.
“This is an important victory not only for our clients, but also for the integrity of the probate process,” said Alison Arden Besunder, partner at Goetz Platzer LLP. “The Appellate Division recognized that allegations of undue influence must be carefully examined, especially when there is evidence of isolation, control or significant deviation from long‑standing estate planning intentions.”
The ruling allows the Cardelli’s objections regarding undue influence—both in the will and the trust—to move forward to trial.
For further details, see full decision here.
About Goetz Platzer LLP
Goetz Platzer LLP was formed in 2025 through the joining of the attorneys from two established law firms, building on a legacy dating back to 1967, and offers clients insightful solutions throughout the New York Metropolitan area. The firm provides its clients with expertise in the areas of Construction and Real Estate, Trusts & Estates Administration & Litigation, Commercial Litigation, Corporate, Bankruptcy, and Labor & Employment. Contact us today: Telephone (212) 695-8100, info@goetzplatzer.com, www.goetzplatzer.com.
