Case Update (9 Dec 2025): In the Matter of Iankov; Recognition of Bulgarian Divorce to Divest former spouse of interest in estate

Ms. Iankov (decedent) died in New York State. In doing so, she left a last will and testament. The Petitioner in this case is her nominated executor who petitioned the New York court to probate the 2018 will that left Ms. Iankov’s entire estate to the Petitioner. Respondent in this case is Ms. Iankov’s former spouse, and is not named in the will. The Respondent sought to intervene and had a lawyer file a notice of appearance and serve a demand for examinations upon the Petitioner through their attorney. Petitioner sought to enjoin the demand on the ground that the Respondent lacked standing because he was legally divorced from Ms. Iankov in Bulgaria prior to her death. The Petitioner submitted a judgment of divorce from the Sofia District Court in Bulgaria, a transcript of the Bulgarian divorce proceedings, and a reply from the Respondent in those divorce proceedings to the court in Bulgaria. It appears that in 2018, Ms. Iaknov filed for divorce in Bulgaria. The Respondent filed a reply on May 28, 2018, and the Bulgarian court then adjourned its proceeding for the Respondent to have an opportunity to appear. The Respondent did not, however, appear in the Bulgarian divorce case. The court proceeded without him, and issued a divorce judgment. In this estate case, the Respondent is arguing that: (1) he and Ms. Iankov were never divorced in NY or any other U.S. state, so they are not legally divorced; (2) the Bulgarian court did not obtain proper jurisdiction over him, because he was not in Bulgaria at the time of the proceedings and was not served with any paperwork; (3) the Bulgarian court made no finding regarding their property disposition and therefore he is entitled to Ms. Iankov’s estate; and (4) the judgment of divorce in Bulgaria actually did not become effective until September 18, 2018, five months after Ms. Iankov executed her will.

Under NY law, a person may be disqualified as a surviving spouse if there is a final divorce decree recognized as valid under NY law and was in effect at the time of the decedent’s death. Judgments of divorce from foreign countries are recognized as a matter of comity. “Comity is extended to uphold the validity of a foreign divorce decree, absent a showing of fraud, coercion or violation of public policy.” The Respondent here has not provided any evidence to suggest the Bulgarian divorce decree was procured by fraud or coercion or that it violates NY public policy. The fact that the Bulgarian court did not address property division is immaterial to this case. Further, the relevant date for determining standing is not the date of the execution of the will, but the date of death. The Respondent has no legally cognizable interest in the estate, and therefore cannot demand discovery.