NEW YORK (Legal Newsline) - The estate of a New York man worth millions is looking for clarity as to whether it is legal for a Veterans Administration employee to be named in the will.
The Estate of Stanton Vollman filed a complaint Feb. 22 against nominal defendants the United States Department of Veterans Affairs, the United States Department of Justice, Denise Gatto and New York Public Radio, Inc.
The lawsuit seeks a declaratory judgment that the distribution of 60% of the residuary estate to Denise Gatto, an employee of the US Department of Veteran’s Affairs, would not subject the Estate or its executrix to criminal or civil liability.
Stanton Vollman died in June 2020 and his will was probated in Queens County Surrogate’s Court. The court appointed Elena Portales as the executrix of Vollman's estate.
Vollman was 89 years old when he passed and had spent the last few years of his life living in nursing homes, including the St. Albans VA in Queens.
When he died he had no next of kin. He met Gatto in 2014 at a VA, where she was his nurse for five years. A friendship bloomed that included regular chats despite Gatto no longer working at the VA.
Denise Gatto was named in Vollman's will as a 20% beneficiary but due to another beneficiary disclaiming her share, Gatto is set to receive 60% of the residuary estate which is estimated at approximately $4.74 million.
The Estate is concerned it would be subject to penalties under federal law against VA employees receiving compensation for services rendered while working from other sources.
The plaintiff argues that payment to Gatto would not violate federal law because she had a longstanding social relationship with Vollman outside her official nursing duties and he changed his will multiple times in his last five years, listing Gatto as a beneficiary each time.
Sean Lipsky of Lipsky Portales represents the Estate.