Posted On: August 4, 2012 by Stephen Bilkis

Court Orders Preliminary Letters Testamentary

This is a probate proceeding for the will of the deceased Stuart L. Ain. The case is being heard in the Surrogates Court of the city of New York located in Nassau County. The case is being overheard by Judge John B. Riordan.

Probate Proceeding

Stuart Ain, the decedent passed away on the 28th of October in 2006. He left a will that was dated the 27th of April, 2007. Victor Levin and William J. O’Brien were named as the executors of the will. William J. O’Brien renounced his appointment as executor. Michael and Jody, the decedents two adult children are the sole survivors.

The will states that the entire estate should be distributed to his companion, Donna Brown. The children of the decedent are specifically disinherited. A New York Probate Lawyer said the executor, Victor Levin, has petitioned for the preliminary letters testamentary.

The daughter of the decedent is seeking an order to deny the letters testamentary from being issued. She is also seeking to have Levin removed as the executor of the estate and as the lawyer for the estate. Jody also asks for the discovery of demands that were previously served and asking for the previous will written in 2004 to be served in this case. Jody requests that a guardian ad litem be appointed to represent the two grandchildren of the decedent who were named as beneficiaries in the previous will. Jody seeks to be named as executor of the will as she was named such in the will that was written in 2004.

Court Discussion and Decision

The laws regarding letters of testamentary were placed to help expedite the legal process of probate. These letters allow the estate to be distributed before the probate is completed.

When determining the issue of distributing letters of testamentary the last will that is written is to be used. In this case the will from 2006 names the executor of the estate as Victor Levin. This will supersedes any previous will that was written. A Long Island Probate Lawyer said the court does reserve the right to require a bond in cases where there are extraordinary circumstances. The court has not found any reason to relieve Victor Levin of his duties as the executor of the estate.

In this particular case, Victor Levin states that he had never drafted a will in 2004 for the decedent and does not know anything about this document. The daughter has not produced a copy of this will and offers no proof that the will ever existed. Jody wishes to be named as executor, stating that she was named as such in this previous will. However, even if she were named as executor in 2004, the changes made to the will in 2006 will stand and Levin is the executor of the estate.

After considering all of the relevant facts in this particular case the court is ordering the preliminary letters testamentary to be issued to Victor Levin as the executor of the estate. Manhattan Probate Lawyers said it is found that Levin qualifies as the executor of the estate under the laws. These letters will be issued without bond as there are no extraordinary issues to be found.

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