Once an administrator has been appointed, SCPA § 711 provides that they can be removed or suspend under specific circumstances. In In re Matter of Estate of Corey, the Surrogate’s Court was to remove an administrator because he allegedly exceeded the scope of his fiduciary duties and responsibilities. Background The…
In In re Kaufman, the Appellate Division was asked to determine whether the Surrogate’s Court erred in suspending the letters of co-executors without an evidentiary hearing. When a testator makes a will, it is their last opportunity to let the world know what they want to happen to their property…
In In re Steward the court considered whether the Surrogate’s Court erred in denying a motion to suspend co-administrators where the co-administrators were unable to get along. SCPA § 711 describes the circumstances under which a court can revoke letters of administration: Wasted assets. The court has the authority to…
In In re Scott the Surrogate’s Court of Bronx County considered whether to extend preliminary letters testamentary over objections. The petitioner, the decedent’s step daughter, was nominated in the decedent’s December 21, 2019 will to serve as the executor. The decedent died on January 30, 2020. On July 31, 2020,…
In In re Lewner, the Surrogate’s Court of New York County was asked to revoke the authority of the administrator of an estate on the grounds that he had not been fulfilling his fiduciary responsibilities. The decedent died on May 19, 2016 leaving an estate with a value of over…
In the Matter of Qyra, the Surrogate’s Court considered an issue related to the allocation of the money award in a wrongful death lawsuit. On February 25, 2010, while walking in Central Park, Elmaz Qyra was struck by a tree branch and died. The administrator (personal representative) of his estate…
In this case, during a 1404 examination of the two execution witnesses, Surrogate’s Court had to determine if the decedent’s will had been properly witnessed given the unusual execution ceremony. For a will to be valid in New York, it must be properly executed. This means that the will must…
In Abram v. Abram the court was asked to consider whether the Surrogate’s Court of New York County erred in denying an evidentiary hearing on the fitness of an administrator of a decedent’s estate. Judges have broad discretion in determined whether an administrator or executor is qualified. Typically courts will…
While the case of In re Estate of Domingo Torres, Sr. turns on the narrow issue of whether to grant the New York City Department of Social Services (DSS) more time to file objections to the account filed by the personal representative, here we will look at why the DSS…
When someone passes away due to the negligent actions of another person or entity, a wrongful death action can be filed by their personal representative to seek damages. Depending on the specifics of the case, if the lawsuit is successful, the amount awarded can be allocated either as a wrongful…