Freedman v. Freedman
The Plaintiffs commenced an action against Estelle Freedman and Frederick Fagelson, as executor of Robert Freedman's estate, seeking to recover money under theories of equity. Robert Freedman, prior to his death, executed a new will eliminating bequests to Estelle, but did not change the beneficiary designation of his Schwab IRA account, which named Estelle. The Plaintiffs argued unjust enrichment and monies had and received, contending Robert intended to exclude Estelle from the IRA. The Defendants moved for judgment on the pleadings. The court, applying New York's EPTL § 13-3.2, found that a beneficiary designation must be changed in writing and that general testamentary statements in a will are insufficient, especially since Robert's 1997 will did not specifically reference the Schwab account. The court also held that quasi-contractual claims are not permitted when a valid and legally enforceable instrument (the beneficiary designation) exists. Therefore, the motion to dismiss the complaint was granted, and the complaint was dismissed in its entirety.