New York Probate and Estate Administration Lawyer Blog
Ruth Bricker, Charles Ballon and the United States Trust Company submitted a counter-application regarding the preliminary letters sent to them for the last will and testament of Anna Lazarus. In the will submitted by Abraham Lautman to the court for probate, Mr. Lautman and United States Trust Company were named as executors. In their petition, Mr. Lautman’s eligibility to serve hold and oversee the assets of Ms. Lazarus is questioned. The company is agreeing to act alone and not together with Mr. Lautman.
From the information was obtained by a New York Probate Lawyer, United States Trust Company alleges a number of misconduct on Mr. Lautman’s part while acting as the decedent’s attorney-in-fact and co-conservator while she was alive. An attorney-in-fact is a person who is legally authorized to transact business-related transactions in behalf of another. A conservatorship is where a person is appointed by court to oversee and mange the financial affairs of a person who is considered as under a legal disability. It is also required that part of the financial accounting is submitted for review. It is said the Mr. Lautman did not submit his records to his co-conservators, including the documents and assets of Ms. Lazarus. He is also charged with preventing access to Ms. Lazarus’ apartment, drawing checks that are payable to himself or cash, and wrongful investment of funds owned by Ms. Lazarus in Great Britain.
The court if there is a good cause may reverse the instruction of a will to make a person an executor of the estate. In the preliminary letters issued, it is required that it is in its original form. This does not remove the court’s authority for a wise discretion in determining who will be part of the execution of the will. Nassau County Probate Lawyers said that leaving out a person named in a later will do not require a full hearing. It can be determined with affidavits as a basis or through a summary hearing. The court says that they prefer to avoid a contest within a contest. The legislature also wants an uncomplicated probate hearing. This is to save on cost and time for the court, and the parties concerned.
A commentary by the Chairman of the Committee on Simplification of New York Probate was cited. It says that nothing is really served by contesting preliminary letters. Appointing a person to take care of the estate immediately is to protect the estate that is the reason why preliminary letters are sent to people mentioned in the will and any addition.
In their decision, the court stated that due process asserts that Mr. Lautman as a named executor, have the chance to answer questions on his ineligibility. There is also no petition that has been submitted to question the validity of the last addition where Mr. Lautman was named. To avoid multiplicity, Brooklyn Probate Lawyers mentioned that the court will wait for any contest to the will. If just in case the will or the addition to the will is contested and the probate denied, which is known to happen, then the condition where Mr. Lautman is an executor is gone. If there is no contest on the will, counsel will notify the court and a hearing on eligibility will be set.
Like good lawyers, trustworthy conservators think of their clients first and make sure that their interests are protected. Legal counsel can help these conservators in making sure that they do their job well. They are the ones who know the process to make sure while saving time and resources, they are still effective in guarding a client’s estate.
Contact Stephen Bilkis & Associates. Their lawyers take care of not only your interest but the interest of the clients you represent if they need to. They handle cases from New York and Long Island. If you need a consult, they will give you a free consultation when you call 1-800 NY – NY- LAW.