Matter of Alfieri

In Matter of Alfieri, 203 A.D.2d 562, the decedent husband had violated a pendente lite order which prohibited him from transferring his bank accounts and/or changing the beneficiaries on certain trust accounts. Apparently, he had done so without regard to the court order making his sister the beneficiary upon death. When the wife commenced a discovery proceeding in the Surrogate's Court demanding a return of these assets to the estate, the Surrogate, finding that the divorce action abated, held that the estate could not obtain enforcement of a pendente lite order made in equitable distribution after death, which holding was affirmed on appeal.