New York Probate and Estate Administration Blog

A man filed a motion to withdraw a waiver and consent he did for the legal validation of his cousins will. And, this motion is opposed by the primary representative of the estate and the four charities who are the beneficiaries under certain instruction.

This happened five months after the death of his cousin, he did a waiver and consent; however, an attorney appeared for him a month after, and this is also the return date of the citation in this proceeding, and indicated that he wanted to withdraw his consent for the legal processing of validation of the will. The assets consists of personal property valued more than a million.

The instruction was done when his cousin was about 95 years old. The single page, two-sided tool is a downloadable legal form and does not appear to be attorney supervised. The opposite side of the form shows his shaky and weak signature, and the signature of the two witnesses. One of those witnesses now serves as a primary person appointed to perform the will and formerly served as one of legal guardians. Apparently, the other witness was an aide at the facility where she resided at the time she signed the instruction.

A New York Probate Lawyer said the man served objections to attest on all parties except the guardian, but the objections were not accepted for filing due to his waiver and consent to process the validation of his cousins will. Those proposed objections says that his cousin is lacked of capacity to make a will, the instruction made was not freely and voluntarily done. The signature, the instruction and its publication were obtained by fraud and unjustified influence, and the requirements about the law of appointment of guardian were not complied with at the time of implementation.

In his motion papers, he state that he is legally blind, possesses lower educational attainment and is ignorant of the law. He urges that he never received the letter containing the waiver and consent to attest and affidavit of heirship that was mailed to him by counsel to the primary representative, and that attorney never advised him of various rights or the import of the waiver and consent. He contends that at the time he did the waiver and consent, he was unaware that his mother's property was a share of his cousins belongings, he lacked any understanding of the procedure or consequences of the legal processing of validation, such as his right to object to the will and his right to counsel, and he did not understand that by executing the waiver and consent, he would forfeit the potential right of his mother's properties. Based on his conversations with counsel, at the time he received the waiver and consent, he believed that he was signing that document in order to expedite the process.

Manhattan Probate Lawyers said the primary representative oppose the motion asserting that, upon his receipt of the waiver and consent, the man called to discuss the family tree and the forms he received, and he never advised their attorney that he was blind or that anything was missing from the envelope mailed to him. The letter states that if the man had no objection to the processing of the distribution of the properties, it would expedite the process. The representative note that the man executed both the waiver and consent and the affidavit of heirship as requested.

The charities also oppose the motion stating that there is no clear and convincing evidence that the waiver and consent was the result of fraud, overreaching, misrepresentation or misconduct or that there is any other basis for revocation, at the time that the man executed the waiver and consent, he was acting as the legally appointee of his mother's assets and should have known that the document he done would have a legal and binding effect.

Queens Probate Lawyers said in reply, the man annexes various documents and state that due to his blindness, he follows a strict procedure upon his receipt of documents, which is to scan them into his computer and use a closed circuit television to magnify their contents. As his computer does not contain a scanned citation, he did not receive it, and he only learned of it when his subsequently retained attorney obtained a copy. His attorney stressed that the waiver and consent was obtained through improper overreaching and misrepresentation and, in any event, it should be suspended for good cause in the interests of justice.

Based on records, in legal processing of validation of will. It may not be admitted unless the court is satisfied that its implementation was valid, even if no interested party files objections to its validity. Thus, where a person who applies for a motion with reasonable expedition seeks to withdraw a waiver and consent to attest, the application may be granted where the petitioner demonstrates some merit to the objection, a reasonable probability of success and the absence of prejudice to the other parties. Furthermore, the courts are more liberal in granting these applications where other parties have already filed objections, or it is apparent that they tend to file objections, or where the application is made very soon after the execution of the waiver and consent.

The proof on the motion and court filings demonstrate that the attest was served by mail on the man, and his waiver and consent was executed, the same date that preliminary letters issued. The court does not find any wrongdoing by the proponents' counsel in obtaining the waiver and consent. Nonetheless, the letter sent to the man by counsel indicates only that the process would be expedited as a result of his execution of the waiver and consent. In view of the man’s blindness and limited education, and the fact that he was not represented by counsel at the time he did the waiver and consent, the court credits his contention that he failed to fully understand the legal impact. Thereafter, he expeditiously obtained an attorney and sought to withdraw his waiver and consent prior to the admission of the will to verify. Without in any way passing on the ultimate outcome of a will contest, the documents annexed by the man and in court files demonstrate that, at this time, his proposed objections have merit and a reasonable probability of success. The proposed objections are similar or identical to the issues raised by the Public Administrator in the proceeding. As it appears that the Public Administrator will file objections in any event, this also militates in favor of granting the motion, and allowing the interposition of the man's objections creates no prejudice to the representative and the charities, which are in the same position they were in. Moreover, the court's paramount concern is to admit only valid wills to attest. Where, as here in a pre-probate context, one interested party as well as another non-interested party expresses genuine concern as to the validity of the instructions and its execution, as demonstrated by the documents submitted, the withdrawal of a waiver and consent to allow the interposition of objections must be permitted.

Accordingly, the motion is granted. The man shall serve and file his objections within 10 days after the entry of the order to be settled here on.

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The petitioners of this probate case wanted to withdraw their petition and requested the court to issue letters of administration. The petitioners wanted to abandon their action placing on probate the alleged copy of the testament.

According to the last will and testament of the decedent, the remaining estate will go to her sisters. The decedent named one sister as the executor of the will while the other one was named as the successor. The said executor had predeceased the testator and no issue was raised. The whole estate was passed on to the successor of the will which was also the other successor.

The successor had filed a petition for a guardian to be appointed for her property. Since the court has found that the successor cannot to be relied on managing her own properties, a guardian was appointed. The petitioners of the case were the appointed guardians.

A New York Probate Lawyer said the guardians, also known as the petitioners, were granted by the court to place the will for probate. During that time, the original copy of the will and testament cannot be found. With this information, the petitioners filed for a probate on the copy of the original will. The original will was found later on among the important documents of the deceased. It was assumed that buyer of the house once owned by the deceased threw away the papers, thinking they had no value. One of the guardians confirmed this information in her statement that a former hand had taken possession of the house and discarded the papers in question.

The petitioners have now asked the court to abandon their initial probate petition and issue letters of administration instead. In their petition, the guardians have alleged that they cannot submit the will for probate since they lack a second subscribing witness.

Nassau County Probate Lawyers said that according to the provisions of the law, the court has to respect the wishes written by the testators in their last will and testament. The obligation of the court should be a public policy matter. Under normal circumstances, it is the obligation of the executor of the will to take the necessary steps in order to obtain probate. The nominated executor has to ward off any form of attack against the will. The law further states that if the nominated executor is disabled or dies, the person who is named as guardian may take the duty to petition the will for probate.

However, the court has taken note of exceptions to this rule in which there are instances in which petitioning for probate becomes futile. If the executor believes that the will being petitioned for probate is not the original one, the executor has no right to submit it for probate. Another exception to this obligation is when the will becomes ineffective. Brooklyn Probate Lawyers said the executor does not have the duty to submit the will for probate when the legacies indicated in the will have expired. The will becomes ineffective when the executor did not act on the will or has died.

The law also states that even if the last will and testament is valid, the same instrument does not have to be petitioned for probate if the proof is deemed to be doubtful. According to the law, the court can grant letters of administration in cases when the probate of the instrument is delayed. When all the parties interested in the estate will agree that the will should not be under probate, the court does not have the authority to order the admission of probate.

In this case, the exceptions to the rule are not presented. The nominated executor in this will is still alive. The petitioners filing for probate acted on her behalf as the guardians. Based on the provisions of the law and review of the petition, the court has decided to deny the petition to withdraw probate.

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The petitioners in this case have filed a motion for summary judgment which will dismiss the public administrator’s objections. The petitioners are also seeking the admission of the testator’s will for probate.

Before the death of the testator, he had been living in a facility for the elderly for many years. One of the two petitioners in this case is the current administrator of the elderly home. The other petitioner held the position of director of the same place. As co-executors of the will, the entire estate of the decedent will go to them.

A New York Probate Lawyer said that upon learning of the will, the petitioners have filed for probate but the public administrator prevents the action. The public administrator is obliged under the law to become one of the parties in litigation. The objections were raised because during that time, the decedent allegedly did not have the ability to draft a testament. The public administrator also made allegations that the contested will was only written because of the undue influence of the petitioners.

Staten Island Probate Lawyers said that the preliminary letters were issued to petitioners but these were later revoked because the petitioners failed to comply with the requirements. During that time, the court has ordered them to pay the bond. The public administrator was appointed by the court as the temporary executor while the petitioners’ case is pending.

Suffolk County Probate Lawyers said that the motion filed by the petitioners was due to a recent discovery. The petitioners’ statement is supported by their respective statements, the affirmation of the lawyer and various evidences. The deposition testimony was also presented as evidence. Under the provisions of the law, the petitioners for the summary judgment have the burden of providing proof that they are entitled to the motion. The petitioners must present sufficient proof that the issues raised by the public administrator have no legal basis.

According to the law, the court can grant summary judgment if the petitioners have enough evidence to support their case. The public administrator must support his objections with sufficient proof that undue influence was used to write the will of the decedent.

The decedent has been found on the doorstep of an apartment building. He was hospitalized for treatment and observation. The social worker who was assigned to the hospital contacted the petitioners if they could admit the patient into their facility. The petitioners agreed and placed the decedent in a private room.

According to the statement of the lawyer who drafted the will, the decedent had called his offices and wanted to talk to a lawyer concerning financial matters. The lawyer could not remember if there was someone else involved in their conversation. The lawyer said that the decedent was not a former client and he doesn’t know where he got the contact number. He assumed that the number had reached the decedent by word of mouth.

When the lawyer had agreed to meet with the decedent in the facility, the decedent proceeded to inquire about drafting a will. According to his testimony, it was his first time to draft a will for one of the residents in the facility. After his meeting with the decedent, he advised the old man to talk to a psychiatrist. The lawyer gave this advice after finding out that the decedent wanted to bequeath his assets to the petitioners.

The next day, the decedent went for a psychiatric exam. The exam was performed with the petitioners inside the room. After the results were obtained, the physician ruled that there were no signs of dementia. According to the doctor, the patient only showed slight memory problems. He also confirmed that the patient was fully capable of making financial decisions.

The public administrator also presented another expert opinion from the state psychiatrist who interpreted the exam results. The physician claimed that the decedent was also suffering from dementia thus he is incapable of making any decision regarding his money. The conflicting opinion of both doctors has created a significant issue.

The motion for summary judgment was denied by the court based on circumstantial evidence regarding undue influence used by the petitioners to get the decedent to sign the will.

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According to reports from a surrogate’s court, a decedent was survived by his wife, and two children from a previous marriage. In his last will and testament, he had chosen his wife to act as estate administrator. Upon his death, the will was submitted to probate court. The court named the wife as the estate administrator in the letter of testamentary.

Before the decedent’s death and months after the wife was accorded as estate administrator, she exercised her functions. It was asserted to be true that she made several transactions which resulted to lessen the funds of the contested estate. The wife have made repeated fund transfers from an alleged joint account to her own account; paid her personal bills and expenses thru multiple on-line transfers from decedent’s personal accounts in a certain bank; and checks payable to her decedent’s husband were signed, endorsed and deposited to her account.

A New York Probate Lawyer said that the decedent’s children, with the help of their probate lawyers filed a case contesting the earlier decision of the court in naming the wife as the appointed executor. They reasoned out that she was unfit to carry out the terms of the contested will by virtue of dishonesty, by not providing their needs, by shallow understanding of good will and by thoughtlessly or carelessly expending of their funds. They asked the court to appoint decedent’s son as the executor instead of the wife. They submitted to the court a written document of the decedent’s therapist. The therapist testified under oath and sustained the allegations of the decedent’s children. The estate litigation lawyers further make clear that the case under litigation was not a subject for time consuming dispute. Children’s funds were at stake. The wife was guilty of a series of acts-any one of which, the court has the authority to give an order to remove the wife as executor in an earliest time.

In deciding the case, the court was certain that the wife mixed the money of her husband with her funds. The money involved was held in trust fund for the children. The probate court firmly resolved that the lavish withdrawals, combined with repeated dishonesty and self-serving statements were comprised actions. Such actions will cause danger or risk to the children’s funds. Her conduct was enough ground and justification for her immediate removal from the office without a hearing and the preliminary letters issued to her be cancelled and be without effect.

Brooklyn Probate Lawyers said that the wife, being a lawyer entered for herself a motion of reargument to the court to prove the allegations against her to be false and erroneous by stating that; first, the court’s determination of her conduct endangered the safety of the estate was characterized by error; second, the children’s claim that the estate in litigation was in danger of risk was without valid basis; third, the bringing in of the decedent’s money to her own account, the repeated on-line withdrawals and dishonest statements were of no merits. The reasons behind her actions were to continue the decedent’s previous practice to deposit his money to the estate bank. They have not opened a joint account, but instead opened an individual and separate bank account. The decedent’s money was for his two children to inherit upon his death. The withdrawals from the decedent’s account were made to pay his hospital expenses, household bills, and compensation of her household errands while her husband was in the hospital.

Bronx Probate Lawyers said that the children with their estate lawyers opposed the arguing over again, of a motion made in court by the wife. They were satisfied with the court’s decision in their favor. The court correctly and intelligently interpreted the contested will. The decision was based on undisputed facts and of general importance. The lawyers argued that the acts admitted by the wife as just and proper were grave in manner and extent. It will tremendously destroy the lives of decedent’s children.

Losing the funds in trust under the control of an executor involved in a lawsuit for her wrongful and deceitful action will make tremendous negative impact on the decedent’s children. New York Estate Administration lawyers will stand by you and help see you through your case. New York Estate Litigation lawyers can argue your side and make sure that you and your loved ones are compensated.

Stephen Bilkis & Associates with its skilled legal team, have convenient offices throughout the New York Metropolitan area. We can provide you with advice to guide you through situations where estate is dissipated because of another's intentional deceit. Without skilled legal counsel, you may lose your rights which may cost you a significant amount of money.

The petitioners of this probate case wanted to withdraw their petition and requested the court to issue letters of administration. The petitioners wanted to abandon their action placing on probate the alleged copy of the testament.

According to the last will and testament of the decedent, the remaining estate will go to her sisters. The decedent named one sister as the executor of the will while the other one was named as the successor. The said executor had predeceased the testator and no issue was raised. The whole estate was passed on to the successor of the will which was also the other successor.

A New York Probate Lawyer said the successor had filed a petition for a guardian to be appointed for her property. Since the court has found that the successor cannot to be relied on managing her own properties, a guardian was appointed. The petitioners of the case were the appointed guardians.

The guardians, also known as the petitioners, were granted by the court to place the will for probate. During that time, the original copy of the will and testament cannot be found. With this information, the petitioners filed for a probate on the copy of the original will. The original will was found later on among the important documents of the deceased. It was assumed that buyer of the house once owned by the deceased threw away the papers, thinking they had no value. One of the guardians confirmed this information in her statement that a former hand had taken possession of the house and discarded the papers in question.

Manhattan Probate Lawyers the petitioners have now asked the court to abandon their initial probate petition and issue letters of administration instead. In their petition, the guardians have alleged that they cannot submit the will for probate since they lack a second subscribing witness.

According to the provisions of the law, the court has to respect the wishes written by the testators in their last will and testament. The obligation of the court should be a public policy matter. Under normal circumstances, it is the obligation of the executor of the will to take the necessary steps in order to obtain probate. The nominated executor has to ward off any form of attack against the will. The law further states that if the nominated executor is disabled or dies, the person who is named as guardian may take the duty to petition the will for probate.

However, the court has taken note of exceptions to this rule in which there are instances in which petitioning for probate becomes futile. If the executor believes that the will being petitioned for probate is not the original one, the executor has no right to submit it for probate. Another exception to this obligation is when the will becomes ineffective. The executor does not have the duty to submit the will for probate when the legacies indicated in the will have expired. The will becomes ineffective when the executor did not act on the will or has died.

The law also states that even if the last will and testament is valid, the same instrument does not have to be petitioned for probate if the proof is deemed to be doubtful. According to the law, the court can grant letters of administration in cases when the probate of the instrument is delayed. When all the parties interested in the estate will agree that the will should not be under probate, the court does not have the authority to order the admission of probate.

In this case, Queens Probate Lawyers said that the exceptions to the rule are not presented. The nominated executor in this will is still alive. The petitioners filing for probate acted on her behalf as the guardians. Based on the provisions of the law and review of the petition, the court has decided to deny the petition to withdraw probate.

A skilled lawyer will provide assistance in your petition for probate. Contact the offices of Stephen Bilkis & Associates to find out how to protect your rights.

A couple executed a Joint Will that will make whoever is the survivor among them as the one to be given the entire property whether own individually or several and be the executor of the irrevocable Joint Will. The Joint Will further provided that whatever remained after the death of the survivor would be distributed to a trust, with equal shares of the trust to be allocated among their grandchildren and one of their children, their daughter. The Joint Will's terms state that it is forever binding, and may be revoked or modified only by a writing subscribed by both parties and executed with the formality of a Will.

Approximately 8 years after the execution of the Joint Will and after approximately 50 years of marriage, the couple was divorced by judgment dated April 6, 2001. Several months before, apparently in anticipation of the divorce, the couple reaffirmed the Joint Will by executing a Marital Settlement Agreement, the terms of which were incorporated into the divorce judgment. The agreement stated, in pertinent part, that neither party would attempt to revoke the Joint Will, and provided quit claim deeds granting sole title of their condominium to the husband and sole title of their other condominium to the Wife. No further action was taken by either the Wife or the husband regarding the Joint Will.

According to a New York Probate Lawyer, in 2006, the Wife established her 2006 Irrevocable Trust, the body of which was her condominium. The Wife and her son-in-law were named as the trustees.

The trust document states, in pertinent part, that upon the Wife’s death, its principal is to be distributed to such one or more persons out of a class composed of her former Husband and her descendants and spouses of the her descendants on such terms as the Wife may appoint by a Will hereafter executed specifically referring to this power of appointment.

Accorsing to NYC Probate Lawyers, subsequently, the Wife nominally exercised the rights of the power of appointment of the trust document through a one-paragraph will, executed in 2007 will. The 2007 will stated that it was not intended to modify or revoke the Joint Will, which shall remain in full force and effect. Rather, its sole purpose was, pursuant to the power of appointment of the trust document, to provide for the trust to convey, upon her death, its corpus, the condominium, in equal shares to the her four children.

Following the Wife’s death, the Husband filed a petition for the probate of the Joint Will. In 2008, the Husband applied for preliminary letters as evidence to be issued to him, which the Surrogate's Court granted in an order on 2008. That same year, the Husband, as the preliminary executor of his former Wife’s property, commenced a turnover proceeding against, among others, his daughter and her Husband, seeking, to his son-in-law as trustee of the trust, to execute and deliver the deed to his former Wife’s condominium to the her properties.
In their answer to the Husband’s petition, the daughter and the son-in-law alleged, among other things, that the condominium was no longer a part of the properties, as a will is not effective until the death of the one who made it, and that neither the Joint Will nor the 2007 will prohibited the deceased Wife from making gifts or transferring property during her lifetime. Thereafter, in August 2008, the son-in-law, as trustee of the trust, commenced a proceeding for the validity of the 2007 will.

The daughter and son-in-law filed objections to the Husband’s appointment as executor of the Wife’s estate. They alleged that the Wife had already transferred her ownership interest of the condominium to the trust on June 2, 2006, and, therefore, the property was neither a part of the Wife’s properties nor subject to the terms of the Joint Will that the Husband submitted for validity. They also alleged that the Husband had an absolute conflict of interest that prevented him from being the estate administrator of his former Wife’s properties according to her 2007 will and, if the Surrogate's Court would allow him to act as his former Wife’s executor regardless, his letters should be limited and he should be required to post a bond.

NY Probate Lawyers said in September 18, 2008, the Husband filed objections to his son-in-law’s petition for validity, claiming that the terms of the 2007 will violated the Joint Will and, therefore, the 2007 Will should not be admitted for validation. The son-in-law moved for summary judgment of dismissing the petition for the validation of the 2007 will, dismissing the objections to the son-in-law’s appointment as executor, and to direct the son-in-law to execute and deliver the deed to the condominium to the deceased Wife’s properties.

The terms of Article of the Joint Will therefore create two categories of property that passed to the survivor, any property comprising the entire property of the one dying first, and all property of which either of the couple has the power of disposal. The Husband asserted that even accepting his daughter’s argument that the Wife transferred title to the condominium to the trust, thereby placing such property outside the Joint Will, such property was nevertheless encompassed by the second category created by Article SECOND of the Joint Will.

Specifically, the Husband asserted that because his former Wife, retained upon her death the power of appointment regarding the disposal of the condominium, and exercised such power in her 2007 will by directing that upon her death, the trust was to convey such property to their four children, in equal shares, the deceased Wife retained the power of disposal over the condominium. Accordingly, because the deceased Wife retained the power of disposal over the condominium, the 2007 will was, in effect, a nullity, because it did not exercise the deceased Wife’s power of appointment in favor of the Husband, as required by Article SECOND of the Joint Will and, accordingly, that branch of his daughter’s cross motion which was for summary judgment on their petition for the validation of the 2007 will should be denied.

In a decision the Surrogate's Court found that the Husband was entitled to summary judgment on the petition in the turnover proceeding to the extent of a direction that as co-trustee, his son-in-law transfers back the condominium to the property. The Surrogate's Court held that the Husband was entitled to summary judgment on the petition for the validation of the Joint Will, dismissing the daughter’s objections to his appointment as executor, and dismissing the son-in-laws petition for the validity of the 2007 will.

In an order, the Surrogate's Court, in effect, granted the Husband petition for the validity of the Joint Will and, in effect, granted that branch of his motion which was for summary judgment on the petition in the turnover proceeding, directing his son-in-law as trustee of the trust, to execute and deliver the deed to the condominium to him, as executor of his former Wife’s property.

At the time they executed the Joint Will in 1993, the couple had been married for nearly 43 years. As they did not separate until 1997, it is reasonable to infer, that at the time they executed the Joint Will, they intended to remain married and to give to each other their respective properties as well as all properties over which they retained power of disposal. Given the circumstances in which the Joint Will was executed—namely, a long-standing marriage—the phrase whether owned jointly or severally was not, as the daughter contend, intended to qualify the power of disposal phrase, but instead intended to expand the scope of the requisite power of disposal to include properties the couple owned jointly or severally with each other.
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A son from California filed for an order dismissing the pending proceeding to probate his mother's New York Will that raises an interesting question of jurisdiction. The son argues the jurisdiction of the court to prove the validity of the Will of a non-residence which requests New York to prove valid and invokes New York law on the ground that her French legal residency has assumed jurisdiction over her estate. The motion is opposed by the Petitioners in the proceeding, the co-executors named in the Will, who are presently serving as preliminary executors.

According to a New York Probate Lawyer, the mother who made the Will was born a French citizen in 1899, and she became a naturalized United States citizen. She was a New York resident for about thirty years. For approximately seven years she was employed in the law offices in New York City. During this period she worked as secretary to one of that firm's senior partners. A lawyer-client relationship with that firm also commenced during that time. The French Ordinary Residence Card issued indicates that the mother who made the Will stated that she returned to France on October 24, 1971.

The New York Will which is the subject of the jurisdictional attack was drafted by the firm in New York she worked for. It was allegedly executed by the deceased in the firm’s Paris office in 1972, and there is no challenge on the matter. Both the petitioners and the son refer to the 1972 document as the New York Will. Both sides seemingly agree that this Will, whether admitted to be proven valid in New York or established in accordance with French law, governs at most the property of the deceased mother which was physically located in New York when she died, and that it does not affect property actually located in France, which passes under the French Will.

Westchester County Probate Lawyers said that the French Will states that the assets of the deceased mother located in New York when she died in 1978 and which she was apparently content to have remained in New York despite the fact that she moved to France in 1971 consisted of bank accounts and a brokerage account. At the time of her death the value of this New York property exceeded $320,000. The property located in France when she died consisted of an interest in real property to wit her apartment, and the personal property in the apartment. The value of this French property is disputed; the petitioners contend that its value is approximately $75,000 while the son’s position on oral argument was that it might be worth as much as $150,000.

On December 15, 1977 the deceased mother executed the document which the parties call the French Will. It is undisputed that the French Will has been established in France in conformity with French practice. On oral argument counsel for the son stated that the New York Will was in the process of being established in France and it appears from documents subsequently filed with the court that this has occurred although, for the reasons not essential to the resolution of the issue at hand.

In outline form, New York City Probate Lawyers said the provisions of these two Wills are as follows: The first paragraph of the 1972 New York Will contains the crucial language for purposes of this motion. It recites the deceased mother’s residence as being in Paris, France and then declares that she elect that the Will shall be admitted to original administrators in the State of New York and shall be construed and regulated by the laws of the State of New York, and that the validity and effect thereof shall be determined by such laws."

The settlement provisions are simple. The deceased gives a life interest in her apartment in in Paris to her friend if then living, or, if the friend predeceased her, which occurred, the apartment passes to the deceased mother’s adopted son, the one who filed the motion herein. Under Article Third all personal and household effects etc. other than those disposed of in connection with the apartment in are given to the said friend, or if she is not then living, to the deceased mother’s friend, who is concededly a French resident.

Sources revealed, the entire remaining property is given in trust for the benefit of the aforesaid friend for life and upon her death, or upon the deceased mother’s death, if said friend should predecease her as she did, the remaining is disposed of as follows: $5,000 to her "adopted son"; $5,000 to a godchild in England; $10,000 to a friend, a French resident; and the balance to be divided between the aforesaid French resident friend and a French mutual aid society. The nominated executors and trustees are her friend and the Bank of New York. Her executor and trustee friend is a member of the Law firm she worked for. As a substitute or successor executor for him, the deceased mother named her friend, from Oyster Bay, New York.

The final article of the New York Will contains a warning providing for the lapse of any provision made in the Will for any person named as a beneficiary who shall Will Contest or file objections to the admission to prove the validity of the Will.

Just as the New York Will be attune with the approach to the delegation of the property and the Estate Administration, the 1977 French Will presumably reflects the practice in that country. The deceased mother simply appoints her French friend as the person who is given the excess portion of inheritance on condition that she performs the special legacy. The special legacy is endowment of the apartment in Paris and its contents to the deceased mother’s adoptive son. On its face the provision is fitting with the terms of the New York Will which were to become operative in case the deceased mother’s friend predeceased her as she did.

There are two other relevant provisions in this instrument. One is the specification that legacy is not made as an excess portion of inheritance and outside a share. As a consequence of the foregoing, the adoptive son will only be able to claim it as taking less than a share. The other is revoking any other previous provisions, with the exception of those which are contained in her American Will, bearing the date of 1972, which has been deposited in New York City unless such provisions would be contrary to the Will.

Apparently the motion is directed to the court's jurisdiction. It is cast in terms of the efficiency of administration and the reduction of expense which the son alleges would result from deferring to France and declining jurisdiction. The essential issue here, however, is much more related to the son’s acknowledged forced right to inheritance claim. The affidavit of the son’s California counsel in support of the motion affirms that he was informed that under French law the son is entitled, as the deceased mother’s child, to one-half of her property. While the son’s acknowledges the possibility that the French law might be found applicable to his claim to a share of the assets located in the U.S. State is no ground for the denial of jurisdiction in New York, quoting the Court of Appeals opinion in Matter of Steel, it seems clear that the desire to assert the forced right to inheritance claim in the French courts provides the motivation for the instant motion. Similarly, some of the force of the executors' opposition is presumably fueled by the disparity of position.

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The guardian of the decedent’s estate has filed for a petition and requested the court to allow the probate of the alleged will. The petition also contained that a fee should be established by the court.
The testator of the will and testament has passed away. He left his wife and 3 children his estate. The widow was named the guardian as stated in the decedent’s will. The widow at that time is afflicted with dementia. The two older sons of the testator were also named as co-guardians for their mother.

The two sons requested a probate of a specific will. A few months later, they filed another probate on another will and requested that the previous motion be denied by the court.

The first in will in question contained provisions that the testator’s tangible assets be awarded to his wife. His older sons were also named as the executors of that will. The other testament in question allegedly contained specifications that the personal assets and residences of the testator will be given to his wife. This particular will have named the wife as the trustee and executor. The two sons in this will were named as the alternate executors and trustees.

The court has reviewed the background of the testator. The decedent in this case was tax lawyer. His law career was spent mostly with a corporation whom he has shares of common stock. If the first will questioned above will be accepted by the court on probate, the widow of the testator will not get anything since the stocks belong to the sons. If the probate will be accepted on the second will, the wife will receive her share of the proceeds. There will be no need to pay for estate tax. In the second will, the wife will get her share of the trust.

Brooklyn Probate Lawyers explained that the court is tasked to decide on whether to allow the second will to be admitted for probate when it doesn’t find anything wrong with the first will. The petitioners in this case have cited a prior case concerning a remedy given by the court. In that previous case, the court had allowed the parties to abandon a proceeding concerning the matter of probate for a second instrument. The court also accepted to probate the first instrument in that case.

Back to the current case, the guardian has asserted the probate of the second instrument since this will be in the best interest of the mother and wife of the testator. If the first will is subjected to probate, the estate will be taxable, according to a New York Probate Lawyer.

Based on the report of the guardian, the court gave authority to the guardian to consent to the probate of the second will in behalf of the wife with dementia. When the guardian has submitted their consent, the second testament will be subjected to probate.

Regarding the fee of the guardian, the court is responsible for the approval of legal expenses to be charged to the property. The court also has the discretion to decide on a reasonable amount as payment of fees.

The court will evaluate the legal expenses of the guardian based on different criteria. The court will have to consider the complexity of the arguments, the time spent in preparing the case, the reputation of the lawyer and experience. In order to arrive at the best possible amount, the court will have to decide and balance its decision by evaluating all the factors involved.

The guardian had presented the amount to be paid as legal fees. Bronx Probate Lawyers explained that court has agreed to this amount since the guardian has meets the criteria.

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The appellants of a probate case have filed for an objection against the original ruling of probate by the court. The court did not accept the objections of the appellants.

According to the objections of the appellants, they asserted that the surrogate court should have used its authority to decide on the matter of estate’s original probate due to the fact that another court already had previous jurisdiction over it. The appellants further argue that the original order for probate had already been settled in a foreign country. Such foreign proceeding was concluded by the court as possibly replicated in the city.

The decedent’s will was executed in the city in which the decedent, also known as the testator, has lived. That will and testament revokes all the previous wills that have been written by the testator. The will contains instructions on the funeral expenses and debt payments. The remaining assets after the previous expenses are deducted shall be awarded to the former wife of the testator and another party. The male respondent of this court proceeding was identified as the executor of the will.

Accoridng to a New York Probate Lawyer, the former wife and the daughters of the testator have filed objections. The appellants have declared that during the time of the testator’s death, he remains to be a resident of a foreign country. According to the appeal the testator executed his will in that foreign country by virtue of the proceeding.

However, based on the statement of the executor, majority of the testator’s properties are located within this city and not in the foreign residence. The documents presented have limited information regarding foreign law and proceedings.

Bronx Probate Lawyers said that the court received a certification from the foreign country that contains vital information. The document indicates that the testator was a resident of this country. The foreign court has also indicated in the document that an estate hearing was going on. Under that proceeding in foreign court, the executor and proponent of the case had rejected his rights.
In the same document, the foreign court also certifies that the daughters of the testators have filed petitions for unconditional declaration of acceptance. Due to the release of this information, the respondent of the case has informed the foreign court about the original probate of will. However, there was no current record of the will being sent to the foreign court. The certification has also indicated that the proceeding regarding the estate in question will no longer continue.

The court also notes that the appellant’s legal counsel has obtained a copy of a letter written to the respondent by the foreign court commissioner. The letter contained instructions that the daughters of the testator were authorized to manage the estate of the deceased in that country. The letter has named the testator’s daughters as the administrators of the estate.
The court has requested for a notarized copy of the letter. If the document is indeed valid, the will would revoke the past testament. The next step of that instance, according to a Staten Island Probate Lawyer, would have to be the filing of a legacy case. In that scenario, the daughters of the testator would have been declared as the rightful owner of one fourth of the testator’s profits from the estate.

Upon further review of the information and estate law, the court has found the letter of the justice commissioner to the respondent as evidence that the testator preferred to proceed with estate litigation in the city. However, it was also noted that the testator identified this city as his place of residence. The court ruled that the proceeding held in the foreign country was brought to the city in good faith. Thus, the court has affirmed its earlier order.

Lawsuits can be time-consuming and stressful. If you need legal assistance, a New York Probate Lawyer will help you file your objections for probate. Contact Stephen Bilkis & Associates for more inquiries.

A rich man died leaving several properties in Central America and two States in the U.S. Almost two and one-half years later, a petition was filed in the court of a U.S. State by the Country of the deceased man for the order which is alleged to have been destroyed after the man’s death. That petition contains the further allegation that the man was, at the time of his death, a resident of the Country from Central America. The petition was amended in which the petitioner set forth transactions and proceedings with U.S. State Tax Commission wherein the petitioner was advised of the Commission's disagreement that the man had been a resident of the U.S. State. According to a New York Probate Lawyer, the petition was thereupon amended to read that the man, at the time of his death, was either a resident of the U.S. State or a resident of the Country from Central America.

The petition against the U.S. State was to dismiss their petition for the probate of the will on the grounds that the involved U.S. State court has no jurisdiction to entertain the proceeding and if it has jurisdiction, that it should decline, in its discretion, to exercise it. The Petitioner Country requests a hearing on the matter of the deceased person’s residence and the location of his property.

Tax Law requires that in every proceeding for original letters appointed by in the estate of a non-resident deceased person, the State Tax Commission must be cited as a necessary party. The section contains other provisions to protect the State's interest with respect to the collection of any tax that might be payable. The petition herein having been amended so as to leave open the question of the man’s residence, the State Tax Commission is taking no active part in the process of the proceeding. It is obvious, therefore, that the amendment of the petition represents not so much a change of mind on petitioner's part but rather an effort to avoid at this time unnecessary legal action.

It is true that the parties are not all in agreement respecting the man’s residence. Two of the contestants allege that he was a resident in Central America. The Attorney General of the U.S. State and a special guardian of infant parties allege U.S. State as his residence. However, no person claiming the U.S. State residence desires to bring into court the man’s residence concern as a preliminary issue in the process of the proceeding. The U.S. court would have jurisdiction whether the deceased man was a resident or being a non-resident, he died without leaving personal property within the county upon a motion for a preliminary trial of residence.

The Attorney General appears to be the only party to the proceeding contending that the deceased died a resident of the U.S., and he joins in opposition to the motion stating that the question is not relevant to the matters in controversy as to the validity of the paper considered as the deceased man’s last will. The court agrees in the conclusion and holds that the Petitioner has failed to demonstrate the necessity for determination of the issue of residence.

In challenging the jurisdiction of the court to entertain the process of administering the proceeding, the motion papers nonetheless admit that the gross assets owned by the deceased man at the time of his death had a value of over $3,500,000 and such assets are held in custody by the Country in Central America with over $500,000; U.S. State over $2,500,000; Province of Canada--over $500,000. According to a Manhattan Probate Lawyer, the Petitioner alleges, however, that the man left no real or tangible personal property in the U.S.; that his intangible property in the U.S. consists of several bank or brokerage accounts and stock certificates of a number of corporations, a great majority of which were organized outside of the U.S. State. The Petitioner requests a preliminary trial to determine the location of the assets taken into custody by the Public Administrator of the County who acts as temporary administrator of the deceased man’s assets.

The temporary administrator appointed by the court has submitted a report to the court in which he states that a brokerage firm was indebted to the deceased man, there was deposit in a bank, another firm owed the deceased man, and there were securities valued in millions, most of them in street names, all physically located in the U.S. State. All of the securities have been sold by the temporary administrator and the proceeds have been invested in bonds of the United States, the State and the City, all of which are held by the appointed person under the supervision of the U.S. State court.

A trial of the preliminary issue would be expensive and slow. Inasmuch as the court would have jurisdiction in any event, at least insofar as property in the U.S. State is concerned, the parties have long ago reached the point where they are anxious to try the important basic question, that is, the genuineness and validity of the will. The Petitioner, on the other hand, apparently prefers to delay the trial until the matter can be tried in Central America, where the proceeding is moving along at a leisurely pace.

Insofar, the motion to seek a hearing to determine the location of the securities left by the deceased man is denied. The property in the hands of the temporary administrator not only has a location within the County of the U.S. State, but is actually being administered under the supervision of the court and is actually and physically before the said court.

Records revealed that it is argued by the Petitioner that the authority of the U.S. court to entertain a proceeding for the process of administering the will of a non-resident is limited to those properties where no original administration proceeding is pending at the residence of the person who made the will. In the discussion of the question of jurisdiction of the U.S court, it is assume, without deciding the point, that the deceased man was a resident of a Country in Central America. In this property, a proceeding to determine the validity of the will is pending in Central America, which, for convenience, shall be referred to as the residence of the deceased. It cannot be said that this court lacks jurisdiction to entertain the probate proceeding and that, as matter of law, the proceeding must be dismissed.

Thus far it is considered only the power and authority of the court to proceed with the process of administering of the alleged will. Indeed, except for the Petitioner, the trial of the fundamental issues would have been completed by now. What has transpired since the last decision serves to confirm that decision. The Attorney General of the State opposes the present motion. The man died more than five years ago. Contrary to the usual practice of the court, the actual trial of the proceeding has not yet started. No one can assert when the trial in residency can proceed. No one can predict the result. No one can say whether a final decree in the residency will be on a ground that would prevent independent contest. No one can say how long final decision will be delayed. Since the prior decision of the court refusing to dismiss the proceeding, there has been substantial legal action and extensive services by counsel. To remit all parties to another forum after all the advances, and retreats, the exploration, and preliminary conflicts, would be a postponement of justice equivalent to a denial.

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In a work-related accident, the decedent suffered permanent substantial disability in October 1973. An employer’s workers’ compensation insurance carrier was instructed to pay disability benefits to him. The defendant had pre-existing diabetes so the carrier applied and was give reimbursement from the Special Disability Fund pursuant to Workers' Compensation Law. When the decedent died on January 7, 1982, his widow filed to claim death benefits because she alleged that the injury sustained in October 1973 was an underlying factor in her husband’s death. New York Probate Lawyers said that in compliance with the Workers' Compensation Law the carrier converted the claim and applied for reimbursement from the Fund. There was a hearing with before an Administrative Law Judge and the application of the wife for death benefits was granted. The carrier did not ask for a review of the Workers' Compensation Board about the connection of the injury to the death.

There was a later hearing for the carrier’s application for reimbursement from the Fund. The fund asked the Administrative Law Judge not to make a ruling until they could get a review from the Workers' Compensation Board if the wife’s claim was compensable. The request was denied and the request of the carrier for settlement was granted. The fund appealed to the Board stating the wife would have not been awarded benefits because the death was not related to the injury sustained in October 1973. The Board’s decision was that the fund lacked standing to raise the issue.

When the case was already with the Appellate Court, the court said they agreed with the Board that reversing the decision will allow the Fund to reopen the primary issues related to the compensability of an injured or deceased employee's claim. The Fund’s stand is the causal relationship between the death and the work-related accident. The legal idea of the Workers' Compensation Law is to hire employers to hire permanently handicapped people. This is because of the reimbursement they are offered if they compensation to a work-related accident. The court said the representative of the fund only has standing in the proceedings when the employer claims for such compensations are being heard not when there is a claim from the employer. The conspiracy of an employee and employer is averted with the employer not being able to get reimbursement for the first two years of benefits, commented Westchester County Probate Lawyers.

If the court gives the Fund authority to take proceedings on the primary issues of compensability, even after the benefits have already been granted to the wife will generate two results that are inconsistent with the purpose of the Workers' Compensation Law. One of the results will be to re-open the claim of the wife that will be in violation of the provision “to avoid extended medical controversies and delays in benefits.” The other one is for the employer to not be able to claim reimbursement, but will also not be able to get the money back from the wife. Long Island Probate Lawyers mentioned this will have a negative effect on the employers’ motivation to hire handicapped employees. This weakens the primary purpose of the law. Another argument of the Fund is to deny them of the chance to contest is breach of due process. This they did not raise with the Board so it did not become part of the review. Since the Fund was created by Legislature and is doing governmental function on behalf of the State, they are not able to assert rights under the Constitution against the State. The decision of the Board was affirmed without costs.

People often think that when making demands for compensation with regard to a work-related accident, they do not need legal counsel. Whether you have a workers compensation issue, an estate litigation matter, or need a last will and testament, it is vital to have quality legal counsel assisting you.

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This is a case filed by William Power Maloney against the estate of E. Townsend Irvin and against other people including the widow and other beneficiaries of the estate. It was determined in a report sent to a New York Probate Lawyer that Maloney served as counsel of lawyer for one of the beneficiaries, J. Gordon Douglas, who was also later named as executor of the estate. Much was discussed about this case because there were also other people involved in the estate like the Woodbury family.

Maloney was asking for the settlement of his legal fees because of the services he rendered to his client, J. Gordon Douglas. He was asking the court grants his petition and that he be paid for his services and that the payment should come from the Irvin estate. At that time, Maloney was asking to be paid the sum of $16,000 for his estate litigation services. It was questioned by the court and by the other beneficiaries why such an amount be paid to him from the Irvin estate when in fact, according to them Maloney did not perform or rendered any services for the deceased or his estate.

Because of the longstanding arguments of the widow and the Woodbury family along with J. Gordon Douglas, the proceedings regarding the estate has taken so long already. Douglas, according to Maloney approached him and said that unless there is a compromised agreement between the widow and the Woodbury family, the trial could probably take longer than necessary. Maloney said that he worked with the disputing parties to come up with a settlement. According to him, the sum of $25,000 was agreed upon by the disputing parties that finally ended their objections and disputes. But it unknown to both parties that Maloney was working for them and the estate. They were under that impression that Maloney represented Douglas who was at that time was not yet named as executor of the estate.

According to NY Probate Lawyers, here were a lot of discussion and confusion to the testament of Maloney that he was a major part of the settlement entered into by the opposing parties. It was then finally ruled that only the sum of $1500 should be paid to him as legal counsel of Douglas who became executor of the estate and not the $16,000 he was originally asking. This is in the courts argument that he, Maloney, cannot ask for that amount from the estate because it was not determined or established that he indeed worked or rendered services for the estate.

Maloney later told the court that aside from that, he claimed that the father of his clients also approached him with claims that the deceased owed him a considerable amount of money as well. Maloney was asked by the father of his client to review huge files of documents as proof of his claim. Maloney claimed that he was able to “pacify” the older Douglas not to take the matter into court. He said that because of that which he considered as services rendered for the estate, he was charging $10,000 as legal fees. This was also denied.

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The very popular Emmy is a trademark shared National Academy of Television Arts & Sciences and Academy of Television Arts and Sciences. Before, these two entities were on under Television Academy of Arts & Sciences, this was in 1946. In the 1950’s they separated because of differences. New York Probate Lawyers say that around the 1977, the National Academy of Television Arts & Sciences (NATAS) and Academy of Television Arts and Sciences (ATAS) entered in a settlement agreement to resolve differences in each group’s right with the use of the Emmy trademark and the related litigation.

NATAS got among other things the exclusive right to conduct one annual award and show per year for national daytime programming (TV shows from 2:00 am to 6:00 pm), national sports programming, national news and documentary programming. ATAS got the exclusive right for the award for night time TV shows (TV shows from 6:00 pm to 2:00 am). The agreement also provides that they will need each other’s consent before creating any new national awards, which shall not be unreasonably withheld. A Manhattan Probate Lawyer found out that the agreement is if the other party feels that the consent was reasonably withheld, then they can resort to an intercession.

NATAS announced that they would be starting to award new Emmys to recognize “new media”. The announcement was made November 2005. The “new media” included Broadband video programming broadcasted over the internet. ATAS was not asked for their consent before NATAS announced the new awards. They as well announced that they will be awarding Emmys in Drama, Comedy, Children’s and Variety for Daytime Broadband. Part of the revelation was a "My Space/ My Emmy" contest, which will be for advanced media awards like video games and other technologies. NATAS had denoted that it will be awarding all entertainment programming on broadband media regardless of the time it was distributed. The awards were scheduled to be given away in June.

ATAS filed a Demand for Arbitration with the American Arbitration Awards (AAA). What they were asking is for relief because of NATAS’ announcement of new awards, which they claim is a breach of their agreement.

A Queens Probate Lawyer found out that the panel established that NATAS had inappropriately exploited the Emmy in no less than four separate occasions. The panel ruled that NATAS should not promote or participate in the "My Space/ My Emmy" contest. NATAS is as well instructed to not award new Emmys that will infringe on the genres reserved to ATAS. This being drama, comedy variety shows, music, "long form" including mini-series, reality shows, children's animation, made for television movies and non-fiction film making. Both ATAS and NATAS are ordered not to award any new Emmy for non-television devices. The panel also found that NATAS exploited Broadband by their announcement.

NATAS filed a petition for a temporary restraining order with its appeal to vacate the interim award, on December 20, 2007. They stated that the panel exceeded its powers by deciding on issues that were not submitted to them. The court of appeals decided that for the un-finalized interim awards, there are no grounds for dismissal. As for the panel going on more than their authority, it is the court’s decision that this is baseless. The court then ordered that injunction to vacate the Interim is denied. The court granted the confirmation of the arbitration.

A case like this is always high profile because it is the media that is involved, and everything is well publicized. Sometimes publicity causes people to lose focus on what must be done. Their goal and task are always with them and what they work for.

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This is a case regarding the Estate of Julia Eckart and the claims of her children regarding each of their shares in the inheritance. According to reports given to a New York Probate Lawyer, the children of the deceased filed a case against the last will and testament of their mother because of the insufficiency of their inherited amount against that of which will go to other people, entities and charities.

Unbelievably, according to Brooklyn Probate Lawyers, Julia Eckart left each of her children the amount of $50 each. According to her will, she also left no other cash or property to the rest of her surviving relatives. That is why the surviving children, Charlotte Anna Eckart, Frank Darmody and Frank Darmody filed a case in court that says that their mother made an excessive contribution to charity and that they were left with nothing except for the $50 each that were provided to them by her last will and testament. The rest of Julia Eckart’s estate, including her real and personal property have been assigned to the Watch Tower Bible and Tract Society of Pennsylvania, which is a non-profit corporation in Brooklyn, New York.

Reports that reached Bronx Probate Lawyers, the court thoroughly examined the case according to the petition filed by the children. There was also a similar case before when a grandson was expressly disinherited on the will that was left by his grandfather. This was the Cairo case which was a long and hardly fought battle in court which now became a source of other similar cases as well. But according to the court, there should be two elements present in a case before it can be ruled as excessive charity. First, there should really be the intension to give too much of her estate to charity. Second, there is the intention to disinherit immediate family members like the spouse or children by the one executing the last Will and testament.

In this case, it was proven that there was truly intent to give too much to charity because practically the Bible Watch Tower became Julia Eckart’s primary beneficiary. As for the second factor which is the intent to expressly disinherit her children, the court studied this angle carefully. Although there was a $50 inheritance, it is not the amount determined by law to which a person will already survive on a daily basis. That is why, after a long discussion and trial, the court was able to determine that the two factors were present to make this case an excessive charity.

The court will determine further the exact condition of the estate, its value and everything that will affect their ruling. They will do the proper accounting before determining the fair amount that will be given to Julia Eckart’s children as well as to the Watch Tower Bible and Tract Society of Pennsylvania.

Losing your property and everything that you have worked hard for all your life is truly devastating not only to you but your family as well. Stephen Bilkis and Associates will stand by you all throughout the process to make sure that your case is well taken care of. They will work for you and your loved ones all the way.

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In a work-related accident, the decedent suffered permanent substantial disability in October 1973. An employer’s workers’ compensation insurance carrier was instructed to pay disability benefits to him. The defendant had pre-existing diabetes so the carrier applied and was give reimbursement from the Special Disability Fund pursuant to Workers' Compensation Law.

When the decedent died on January 7, 1982, his widow filed to claim death benefits because she alleged that the injury sustained in October 1973 was an underlying factor in her husband’s death. A New York Probate Lawyer said that in compliance with the Workers' Compensation Law the carrier converted the claim and applied for reimbursement from the Fund. There was a hearing with before an Administrative Law Judge and the application of the wife for death benefits was granted. The carrier did not ask for a review of the Workers' Compensation Board about the connection of the injury to the death.

There was a later hearing for the carrier’s application for reimbursement from the Fund. The fund asked the Administrative Law Judge not to make a ruling until they could get a review from the Workers' Compensation Board if the wife’s claim was compensable. The request was denied and the request of the carrier for settlement was granted. The fund appealed to the Board stating the wife would have not been awarded benefits because the death was not related to the injury sustained in October 1973. The Board’s decision was that the fund lacked standing to raise the issue. A Queens Probate Lawyer got information that the fund appealed.

When the case was already with the Appellate Court, the court said they agreed with the Board that reversing the decision will allow the Fund to reopen the primary issues related to the compensability of an injured or deceased employee's claim. The Fund’s stand is the causal relationship between the death and the work-related accident. The legal idea of the Workers' Compensation Law says a New York Workers Compensation Lawyer is to hire employers to hire permanently handicapped people. This is because of the reimbursement they are offered if they compensation to a work-related accident. The court said the representative of the fund only has standing in the proceedings when the employer claims for such compensations are being heard not when there is a claim from the employer. The conspiracy of an employee and employer is averted with the employer not being able to get reimbursement for the first two years of benefits.

If the court gives the Fund authority to take proceedings on the primary issues of compensability, even after the benefits have already been granted to the wife will generate two results that are inconsistent with the purpose of the Workers' Compensation Law. One of the results will be to re-open the claim of the wife that will be in violation of the provision “to avoid extended medical controversies and delays in benefits.” The other one is for the employer to not be able to claim reimbursement, but will also not be able to get the money back from the wife. A Nassau County Probate Lawyer mentioned this will have a negative effect on the employers’ motivation to hire handicapped employees. This weakens the primary purpose of the law. Another argument of the Fund is to deny them of the chance to contest is breach of due process. This they did not raise with the Board so it did not become part of the review. Since the Fund was created by Legislature and is doing governmental function on behalf of the State, they are not able to assert rights under the Constitution against the State. The decision of the Board was affirmed without costs.

People often think that when making demands for compensation with regard to a work-related accident, they do not need a lawyer. This may have been harmful to their claims. Skilled legal counsel make sure that your claims are protected even after you get the benefits.

Stephen Bilkis & Associates will fight for your rights to benefits not only from the employers and insurance companies that neglect their obligation in providing compensation. Whether you have an estate litigation matter, or have suffered injury because of the actions of another, we are here to help. We handle claims from all over New York and Long Island. If you have encountered a legal problem, you can contact us online or at 1-800-NY-NY-LAW. We also have offices all over New York.

Laurel G. Ellis died in June 1994. She left a last will and testament dated May, 25 1990. This will contain conditions in the bequest that favored her daughter, Florence. In the will, it gave 50% of the remaining estate after taxes and fees to Mrs. Ellis daughter and the remainder is divided equally between her sons, John and Richard. One would think it is unfair for the mother to do this, but with their history, you would understand why.

The previous will had the children sharing the estate equally, but after Mrs. Ellis' husband died the sons’ relationship with their mother got worse and with her daughter better. There was even a letter sent by John to her mother that accused Florence of scheming to distance Mrs. Ellis from her sons. This was in March 1980. He even went as far as demand to have the old will reinstated and that Mrs. Ellis should not help Florence financially unless there is proof that she needs it. He stated in his letter that if his demand is granted, then he will not publicize the issue. A New York Probate Lawyer said John threatened to file a court case if what he wants is not done. In an undated letter to his brother Richard, he said the "estate would be in court so long that Florence would never see any of the money."

In May 1990, she executed the will submitted for probate. Aside from the provision she placed in favor of her daughter, she added that her will is based on the “loving care and attention” her daughter has showed her and her late husband, unlike the behavior their sons showed. She said the will is a product of a long and careful thought and was not because of undue influence from Florence. Furthermore, in June 1993, she approached a new lawyer to draft a new will for her so that she could continue to express her desire to give the majority of her estate to Florence. The information a New York Probate Lawyer gathered said she was afraid her sons will cause trouble for her daughter. This is when the terrorem clause was added wherein if any of the beneficiaries directly or indirectly contest the will or any of its conditions, their right to their share in the estate is revoked, and that share will be divided between the remaining parties who have not contested.

After the testatrix died in June 1994, July 1994 the Preliminary letters were already issued. September of the same year, John and Richard had started proceedings questioning Florence’s appointment as the executrix of the will. They cited reasons like substance abuse, dishonesty and improvidence or extravagance. They gave 30 pages of allegations against Florence suitability. The cases filed and the request for examination of witnesses and documents continued on until March 1996. By March 12, 1996, a Staten Island Probate Lawyers expressed that the Supreme Court had dismissed the case after a motion was filed by Florence and her husband.

It was only by September 1996 that John and Richard withdrew their contest. This is only after they stated that they see no need for them to withdraw the contest because it was never filed in the first place. The will entered probate on October 22, 1996 with the statement “no objection having been filed.”

Florence, by February 1997, filed a petition with the court to instigate the terrorem clause because of the extensive pre-trial litigation. The surrogate court said that it was not violated. The Appellate Court reversed this decision. This is because the reason that showed in the litigations was that the brothers only wanted to attack the will made by Mrs. Ellis. The brothers argued that the contest was never filed so the terrorem clause was not violated. John also sated he is not named as one who is objecting. Normally, the court will see the pre probate examination as not violating the co-contest clause, but in this case, the brother went as far as question people not part of the will. Under the law, he can examine the proponents of the will, attesting witnesses, the people who drafted the will and the nominated executor. They did not even present solid evidence as to the allegations they were making against Florence. Their action also showed they did not care if they win or lose in the litigation. The requisite for good faith was not shown. The underlying intent shown by the brothers was to object to the will, and this is in violation of the no-contest clause put in by Mrs. Ellis to protect her daughter. The court reversed the decision with the cost being charged to the brothers and for the Surrogate Court to start proceedings on revoking their bequest under the terrorem clause.

Emotions are usually high when it comes to dealing with a family member’s last will and testament. Not just because they feel they should have gotten more but sometimes due to spite for the other beneficiary. An Estate Lawyer is a person who can protect you from the actions of people who act because of ill feeling. They will make sure that the desire of the decedent is the one that is adhered to.

If you would need to schedule a consultation with Brooklyn Probate Lawyers regarding any case in New York or Long Island, you can call 1-800 NY - NY- LAW. Stephen Bilkis & Associates have the resources, and their lawyers have the patience and the care, however long the case may take to get you what is rightfully yours. We can schedule you in any of our offices in New York.

In the matter of the will of Mary Cairo’s estate, the grandson, Joseph L. Cairo, filed a contest claiming that the more than one-half of the remaining estate was assigned to charity. The litigation regarding this, the court found that the grandson was not eligible for this case as he is not to benefit from a successful contest. A New York Probate Lawyer got the information that Mr. Cairo was already been provided for by Ms. Cairo in her lifetime. His ineligibility was determined by the words in the will that said that she makes no bequest to her grandson for good and sufficient reasons.

Mr. Cairo, the grandson, after the decision appealed that the counsel fees and other fees be taken from the estate. The reason he presented was that in the process of his contest, the construction of the will was also done. Two of the charitable beneficiaries and the Attorney General countered this.

In an interpretation of the will, the court can allocate an amount that they deem reasonable for counsel fees and other expenses that had been incurred in the process. The Attorney General and the charitable beneficiaries argued that what happened was not a construction of the will and did not benefit the State. They made a case as well about the request not specifically stating that it is to understand the will. The question now that the court needs to determine is if the litigation involved a construction of the will according to a NYC Probate Lawyer.

The Surrogate Court’s decision was that the counsel fees and other expenses should be shouldered by Mr. Cairo. Their position is that the will had specifically disinherited the grandson. The Appellate Court hearing this case saw it differently. First, they do not agree with the attempt to differentiate a proceeding to understand a will from a trial where a will may be interpreted. The court stated that the title of the proceeding is not the one that determines the nature of it. They reversed the decision and granted that the counsel fees and other expenses be charged to the estate. The agreed with the decision of the Surrogate Court that the words of the will had explicitly expressed that the grandson is to be disinherited. Since they saw that in the litigation, the will was interpreted then, they determined the amount to be covered from how large the estate was and the success of the trial. The estate was not big and the trial was unsuccessful, so the Appellate court determined the sum of $750 for counsel fees plus $991.44 for other disbursements. So the total allowance allowed was $1,741.44.

Some people already feel down when their appeal is rejected by the Courts so when they are charged other fees for their contest, they sometimes just let it be and pay them. In this case, you will see that a good Will Contest Lawyer does not rest on one try. They appeal against a decision to get the result that is fair. They know that there are instances where a person though unsuccessful in their appeal can still claim some allowances from the estate.

If you are faced by a disinheritance from a family member in favor of a third party who is not even related, you should know that you have options under the law. You just need to determine if you are eligible. Stephen Bilkis & Associates NY Probate Lawyers will be the one to assist you in checking on this for you. We will also be with you every step of the proceedings. We can be reached online and at 1-800 NY - NY- LAW for an appointment, or you can walk in any of our offices all over New York.

Lillian Sandow had two wills. One dated July 16, 1947 which was the one presented to the court for probate, and the other one was dated February 16, 1945. In the February 16, 1945 will, there were two beneficiaries declared as sole legatees. They were contending the July 16, 1947 will as a forgery. They are saying that the last three pages of the will which had the signature were authentic, and the first four pages were substituted.

According to a New York Probate Lawyer, the first four pages are the ones that contained the legacies and the appointment of the executrix. The last three pages of the signature of Ms. Sandow, the witnesses’ signature and the powers of attorney. They cited this and much on a previous case of Hinderson’s will and Teller’s will. In both these cases, the mere allegation of fraud caused the will to be vacated. In these cases though, the court had established that the fraud was in stopping the filing of any contest against the will. It was not an attack on the will itself. They also failed to notice that in both cases, the fraud was established in the preliminary hearing.

The petitioners claim there was no fraud in the withholding of the earlier will, and allegedly they found the earlier will in the office of a lawyer, who was not connected, in any way, to the parties. They also said that they questioned the authenticity of the will the same night that it was read and one consulted an attorney about it. He was advised that not being a beneficiary without an earlier will that shows he was part of is not going to be accepted by the court. A Manhattan Probate Lawyer mentioned that it was only after the older will was found that they felt they had a stand to contest the will says a New. They contest does not name the perpetrators of the forgery, but the words are directed to the executrix and her attorney as she is the sole beneficiary of the will.

The case was unclear and unconvincing. They had a witness testify that the ink in the last three pages was different from the first four but the same typewriter was used for all pages, and the paper used was also the same. The typist was also interviewed, and she said she used two kinds of typing styles, which was also one of the things they were questioning. According to the expert, it a standard for that stenographer to use both techniques in typing documents. They further interviewed the attorney that testified as to how the will was prepared and kept. They also asked two witnesses who had a conversation with the testator about her will, but they also indicated that they were in no position to authenticate if that was the same will or not.

According to a Queens Probate Lawyer, they were not able to show a substantial basis for contesting the will, which was the requirement for this type of attack on a will. Their petition was just based on a suspicion that was also lost after the attorney and the stenographer testified. They were insisting on a trial by jury for the case, but their case lacks the merit that the trial requires. They were not able to show a degree of probability for a well-founded claim. The case was dismissed by the Appellate Court, and the will was not vacated.

Continue reading "Lillian Sandow had two wills" »

Charles J. Brower died on April 15, 1954 leaving a last will and testament that were admitted to probate on April 30 of the same year. He was survived by his wife Helen Brower and his brother Willard T. Brower. After about 11 and 1/2 years, on October 18, 1965. Mrs. Bower filed an appeal under the Decedent Estate Law that contested the fourth, fifth and sixth paragraph of the will. Her claim was that in gives more than 50% of the testator’s estate to a religious association.

A New York Probate Lawyer says that Section 17 of the Decedent Estate Law says 'No person shall, devise or bequeath more than one-half part of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid to the extent of one-half, and no more. The validity of a devise or bequest for more than such one-half may be contested only by a surviving husband, wife, child, descendant or parent...’

Mr. Bower had made his wife, his brother and his friend and attorney David G. McCullough executors of his estate. He gave to his wife $2,500 plus any earnings of the residue remainder of his estate, and she can get part of the principal up to $500 in a calendar year in case of illness. Upon his wife’s death or if his wife precedes him, his brother gets $1,000. $1,000 to be given to New Hackensack Dutch Reformed Church in memory of my father, William Henry Brower and my mother, Jane Augusta Brower. To Reformed Dutch Church, he bequests $1,000 in memory of his wife. The rest of the residuary estate is given to New Hackensack Dutch Reformed Church.

The New Hackensack Dutch Reformed Church as the residuary inheritor, contested that the widow’s claim should be stopped. Though that Mrs. Bower had not waived her right to will contest regarding the excessive gift to the church explicitly. There is also no final settlement of the estate until the widow dies. The gift to the church is still undisputedly more than 50%, which is the limit.

It was the court’s opinion that Mrs. Bower had the right to contest the excessive gift to the church. She can also raise that issue in a construction or accounting proceeding. The decision though, according to Manhattan Probate Lawyers, must wait for the final settlement of the account when the court will already have all the information to make the determination. Even though the petition was filed at a late date, it is still valid as there is no limit for the time to file.

The widow’s death also does not terminate the contest for the validity of the bequest. The widow’s legal representative has the power to continue the proceedings in behalf of her estate. The contest begins when a preferred class, like the wife of descendant questions the validity of the will and since is personal then it will survive her death. With the widow filing her objection in a timely manner and the amount exceeding 50% of the estate after paying the debts and fees, Queens Probate Lawyers said the balance undistributed was given by the court to the heirs of the deceased Charles J. Bower as intestate property.

Continue reading "Charles J. Brower died on April 15" »

In the matter of a decedent's estate, his daughter had filed a motion for the court to wait on admission of a decision regarding the probate of the last will and testament. She also asked for a time extension to file objections and time to be able to examine the proponent and for an interpretation of the effect of the terrorem clause or no-contest clause that is included in the will.

On the return day of the hearing for the original matter, the daughter showed and the proponent was directed to change the petition because the adoptive daughter of the decedent's predeceased son was not mentioned. More data that a New York Probate Lawyer obtained was the daughter was not served with the supplemental citation and is claiming she only received a day’s notice that a decree on the admission of the will to probate is going to be presented to the court. The daughter got an immediate order to show cause to wait in making a decision on the decree.

The daughter had checked witnesses who are verifying the proposed will and now wants to examine the proponent of the will. Her allegation was that the son of the testator, who is also an attorney at law, acted as the decedent’s attorney, and the will being executed in his office. Further, she is claiming that the provisions of the will were altered to assign other benefits to the proponent and his family at her expense. Suffolk County Probate Lawyers cited that the daughter was as well saying that her father was 80 years old at the execution of the will and was relying on other for his physical needs.

The last will and testament of the decedent say that if anyone opposes the probate of his will, that person and any participant will rescind his right to any bequest. The daughter asked that court that before they grant or deny her request for the examination of the proponent, they first interpret this part of the will. NY Probate Lawyers said that the court will not be able to construe any part of the will before it is in probate. It can however, check if the examination of the proponent is part of the public policy of declaration. This means that the action that will be done is does not tantamount to a breach of the terrorem clause.

In this case, the court said it is their practice that if the person who drafted the will or a member of his firm and/or his family will receive a part of the estate in probate of a proposed will, he is required to submit an affidavit explaining that the will was free and voluntary made. He needs to explain in the same affidavit why he or his family is receiving a special treatment under the will. If it is a member of his firm who drew up the will then he will need to explain if he had any connection the actual making of the will and the person who actually made it should have his own affidavit saying that he acted in behalf of the decedent and not the proponent.

The affidavits will be carefully scrutinized by the court. It will not be examined for as long as there are unexplained suspicious circumstances. In this case, the proponent submitted applications that showed he will be receiving more of the will goes into intestacy or going without a valid will. It appeared, however, that the daughter of the proponent, the granddaughter of the decedent will receive a substantial amount that is more than what she will receive in intestacy as she is not considered as an heir to the estate. The court then granted the request of the daughter to examine the proponent with regard to any matter regarding the will.

Continue reading "Court Rules on Will Contest Proceeding" »

A woman died in June 1994. She left a last will and testament dated May, 25 1990. This will contain conditions in the bequest that favored her daughter. In the will, a New York Probate Lawyer said, it gave 50% of the remaining estate after taxes and fees to Mrs. Ellis daughter and the remainder is divided equally between her two sons. One would think it is unfair for the mother to do this, but with their history, you would understand why.

The previous will had the children sharing the estate equally, but after the woman's husband died the sons’ relationship with their mother got worse and with her daughter better. There was even a letter sent by one son to his sister that accused her of scheming to distance the mother from her sons. This was in March 1980. He even went as far as demand to have the old will reinstated and that the mother should not help the daughter financially unless there is proof that she needs it. He stated in his letter that if his demand is granted, then he will not publicize the issue. The son threatened to file a court case if what he wants is not done. In an undated letter to his brother, he said the "estate would be in court so long that the daughter would never see any of the money."

In May 1990, she executed the will submitted for probate. Aside from the provision she placed in favor of her daughter, she added that her will is based on the “loving care and attention” her daughter has showed her and her late husband, unlike the behavior their sons showed. She said the will is a product of a long and careful thought and was not because of undue influence from the daughter. Furthermore, in June 1993, she approached a new lawyer to draft a new will for her so that she could continue to express her desire to give the majority of her estate to the daughter. The information a Bronx Probate Lawyers gathered said she was afraid her sons will cause trouble for her daughter. This is when the terrorem clause was added wherein if any of the beneficiaries directly or indirectly contest the will or any of its conditions, their right to their share in the estate is revoked, and that share will be divided between the remaining parties who have not contested.

After the mother died in June 1994, and by July 1994 the preliminary letters were already issued. September of the same year, the brothers had started proceedings questioning the daughter's appointment as the executrix of the will. They cited reasons like substance abuse, dishonesty and improvidence or extravagance. They gave 30 pages of allegations against the daughter's suitability. The cases filed and the request for examination of witnesses and documents continued on until March 1996. By March 12, 1996, a Staten Island Probate Lawyer expressed that the Supreme Court had dismissed the case after a motion was filed by the daughter and her husband.

It was only by September 1996 that brothers withdrew their will contest. This is only after they stated that they see no need for them to withdraw the contest because it was never filed in the first place. The will entered probate on October 22, 1996 with the statement “no objection having been filed.”

The daughter, by February 1997, filed a petition with the court to instigate the terrorem clause because of the extensive pre-trial litigation. The surrogate court said that it was not violated. A the Appellate Court reversed this decision. This is because the reason that showed in the litigations was that the brothers only wanted to attack the will made by the decedent. The brothers argued that the contest was never filed so the terrorem clause was not violated. One brother also also stated he is not named as one who is objecting.

Normally, the court will see the pre probate examination as not violating the co-contest clause, but in this case, the brother went as far as question people not part of the will. Under the law, he can examine the proponents of the will, attesting witnesses, the people who drafted the will and the nominated executor. They did not even present solid evidence as to the allegations they were making against the sister. Their action also showed they did not care if they win or lose in the litigation. The requisite for good faith was not shown. The underlying intent shown by the brothers was to object to the will, and this is in violation of the no-contest clause put in by the mother to protect her daughter. The court reversed the decision with the cost being charged to the brothers and for the Surrogate Court to start proceedings on revoking their bequest under the terrorem clause.

Continue reading "Court Rules on Will Contest between Siblings" »

A wife was named primary beneficiary and second wife of the decedent, and was named primary executor of all his estates in last June. But according to a New York Probate Lawyer,the decedent's son, by previous marriage filed an objection on the last will and testament of his father claiming his wife exercised excessive and unlawful influence on his father and that the Will was executed with fraud. He filed an objection to his father’s will because he believed that the wife was not the rightful person to execute or manage his father’s properties and other cash and assets. Unfortunately no such evidence was found by the court and the wife was still and remained to be the sole executor of the husband's will.

However, the wife went on and continued filing a case against the father's daughter. The wife claimed that the daughter sent two letters to the father's attorney and that both letters contained false accusations about her personality as well as her family’s reputation. They said letters were also sent to court as part of the evidence against the daughter. According to reports received by New York Estate Litigation Lawyer, the wife claimed that the daughter was objecting to the wife's inheritance and the letters were her way to contest her father’s will. It was noted that the wife had already filed a previous case against the daughter to remove her from participating in her father’s estate. The court ruled in favour of the daughter saying that there was no sufficient evidence or any cause to bar her from such participation. That is why the wife again filed another case, still pursuing to remove the daughter from her father’s will and testament. The wife further claimed that the daughter and father conspired against her to remove her from being the executor of their father’s estate. However, the wife's only evidence was the letters the daughter wrote and sent to the father's attorney.

The daughter on the other hand, said that she only wrote those letters because she was asked by the father's attorney for some background information on the mother and that those letters were never meant to hurt anybody or discredit anybody from anything. The court also said that it was also true that the daughter was not properly informed that her personal letters were going to be admitted as evidence against her in the court of law. A New York Will and Trust Lawyer was also informed that the daughter even signed a waiver and consent that her father’s will was valid and that the title as primary executor or beneficiary of his estate of properties were all executed legally and lawfully. These documents signed by the daughter with regards to her father’s estate and also with regards to her father’s chosen executor or beneficiary only made the mother's defense stronger, strong enough to dismiss the daughter appeal to remove her from her father’s last will.

Legal counsel understands how important you property is to you. They will always make sure that your properties are well taken care of and that it will only be given to person, people or public or private entities that you have chosen and no else. They will make certain that your loved ones are protected from those who would want to take advantage of them and of your estate.

Contact a New York Will Contest Lawyer from Stephen Bilkis and Associates. We have offices all throughout the Metropolitan area of New York as well as in Corona to serve you better. We will make sure that you get the correct legal advice for your case so that you can put your mind at ease. Remeber, without skilled legal counsel you may lose your rights, properties and estate which may cost you a significant amount of money which you can already add to your estate.

Continue reading "Court Rules on Will Contest Between Mother and Daughter" »

During one of the state of Illinois’ largest ever tax increases; the new public act appears to contain a nice loophole for the wealthy deceased, said a New York Estate Planning lawyer.

Earlier this year the Governor of Illinois signed into law the Public Act 096-1496, the Taxpayer Accountability and Budget Stabilization Act.

Aside from increasing state income taxes on individuals and corporations, [it] reinstated the Illinois estate tax effective January 1, 2011, with a $2,000,000 exemption.

The estate tax in Illinois, which is not independent, is directly tied to the federal estate tax and is known as a “pick-up” estate tax.

Before EGTRRA, which was enacted in 2001, states that had a “pick-up” estate tax enjoyed a federal credit for state death taxes. Until 2010, Illinois incurred no federal state death tax credits, which caused a problem for taxpayers who assumed EGTRRA had continued to hold these estate taxes.

A New York Estate Planning Lawyer explained that the Illinois Attorney general had issued a warning last year about a possible reinstituted estate tax even though there currently is not one. He added that the Governor’s new law protects this possibility.

The new law clearly states that 2010 Illinois descendants will have no estate tax. Those who die after 2010, however, may be subject to a tax but have an exemption of up to $2 million. In the Bronx and Staten Island these changes are being studied to see how they might effect estates in NY.

Continue reading "Estate Tax Laws in Illinois worth looking into, writes a New York Probate Lawyer." »