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Articles Posted in Manhattan

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Court Discusses Jurisdiction Issue in Probate Proceeding

A New York Probate Lawyer said a woman died in Greece and her premises was transferred into a trust, which is irrevocable. The trust document, which was in English, was prepared by the woman’s attorney. The said attorney was also named as the trustee of the trust. A deed transferring…

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Respondent Contends Court Lacks Subject Matter Jurisdiction

In this Will Contest case, a motion by the executor for an order consenting to a transfer to this court of an action currently is pending in Supreme Court, New York County. Respondent argues that this court lacks subject matter jurisdiction of the dispute and that Nassau County is not…

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Court Decides Disposition of Real Estate in Estate Case

This is an application by the surviving spouse of the decedent for an advance payment of her elective share and for an order providing for immediate possession of certain real estate property. By stipulation, the parties provided for payment of $2,500 monthly to the spouse for twelve months, subject to…

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Petitioner Moves for Summary Judgment

A New York Probate Lawyer said in an action transferred to the court from Supreme Court, Nassau County, one of several defendants, a Home Loan corporation, moves the court for an order dismissing the complaint against it. Plaintiffs opposed such motion and cross-move for summary judgment dismissing the answer, or,…

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Court Hears Case Regarding Validity of Will

A New York Probate Lawyer said in this contested probate proceeding, the proponent moves for an order granting summary judgment dismissing the objections and admitting the will to probate. The youngest son of the deceased man cross-moves for summary judgment to authorize the immediate distribution of $2,000,000.00. A New York…

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Case Issue is Whether Court Erred in Denying Probate of a Will

A New York Probate Lawyer said that, the decree denying probate to the propounded instrument reserved for determination by supplemental decree all applications for costs, allowances, and fees. The attorney for petitioner who claims to be the sole statutory distributee of the decedent, asks the court to fix his reasonable…

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Probate Court Discusses the Legality of Asset Purchase Agreement

The Facts of the Case: On 8 January 2006, the decedent died with a will dated 31 December 1993. On 26 April 2007, the decedent’s will was admitted for probate (will contest proceeding) by the court and a decree was thereafter issued, and letters testamentary also issued to the decedent’s…

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Court Rules on Alleged Misconduct of Co-Conservator

Two individuals and a trust company submitted a counter-application regarding the preliminary letters sent to them for the last will and testament of the decedent. In the will submitted by to the court for probate, one individual and the trust company were named as executors. In their petition, the petitioner’s…

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