Indicted for multiple counts of handgun possession and a single count of possession of weapons with intent to sell, the defendant, waived a jury and the case was tried by the court. Decision was reserved pending submission of briefs. This is the decision and its reasoning. The case could have…
Motion is made to strike out a counterclaim interposed in this action wherein plaintiff seeks to compel defendants to deliver to her a bank passbook of an account in the Interest Department of the ABC Trust Company of Albany issued to and opened in the name of ‘Ms. B, in…
In this case the court must determine whether an objectant to probating a will has standing to do so. Under New York law, only those with an interest in the proceeding have the legal right to file an objection. The decedent, Potenza, died on August 8, 1956. She was survived…
A Probate Lawyer said that, in a probate proceeding in which the administrator, in effect, petitioned pursuant to SCPA 1809 to determine the validity of certain claims against the estate of the decedent, also known as the petitioner appeals from (1) an order of the Surrogate’s Court, Kings County, dated…
A Probate Lawyer said that sources revealed that this case deals with a slip and fall accident. Defense Attorneys have now moved this court to dismiss the within action with prejudice on the basis that their client has been deceased fro sometime and as such has no standing to be…
A Probate Lawyer said that records reflect that the Testatrix’ will give the sum of $2,000 in trust for the benefit of the beneficiary who was entitled to the corpus and accumulated income thereof when he became 21 years of age. The will was admitted to probate in 1945 and…
No one really wants to think about what is going to happen when they die. However, it is necessary to plan for this. There are several documents that should be part of your estate plan. The first is the will. This document provides information about what you wish to happen…
This is an appeal case being heard in the Second Department Appellate Division of the Supreme Court. The plaintiffs in the case are James P. Johnson III, et al. The defendant in the case is Murray Berger. The case also has Neil R. Gerst et al., as third party defendants,…
Issues of estate probate can be difficult to figure out. The wishes that a decedent places into their will should be considered as indelible in most cases. However, sometimes a will contains requirements that are not only difficult, but unreasonable for the decedent to place on their progeny. In one…
President Barack Obama has responded to calls from legislators to create a plan to reduce the deficit by proposing to limit the growth of Medicaid and Medicare while raising taxes on richest sector of the American populace. Obama says his plan would reduce the deficit by $4 trillion over the…