Estate of Giannopoulos

A New York law firm filed an application with the New York Surrogate’s Court on behalf of their client, Areti Giannopoulos (plaintiff), the widow of John Giannopoulos. Areti was a resident of Albania and seeking the right of election to take against John’s will. The law firm filed the power of attorney, allegedly executed by Areti in Albania, for recording with the clerk of the court. There were several issues with the filing. First, the power of attorney did not contain the grantor’s full address. Second, the law firm provided that the power of attorney was procured through a third party, but the affirmation did not explain who the third party was. Third, the power of attorney included language regarding attorney’s fees that was not listed in the power of attorney, without providing Areti’s agreement to or documentation of the arrangement. Fourth, the power of attorney included a deficient English language translation without an accompanying affidavit attesting to the translator’s qualifications and the accuracy of the translation. Finally, the required certificate of authentication accompanying the certificate of acknowledgment was not compliant with the New York real property statute. The power of attorney was accepted and recorded by the clerk of the court. Based on the power of attorney, the law firm sought to have the court entertain an application regarding the Areti’s alleged right of election to take against John’s will.