The court considers the petitioner’s application to vacate a prior decree that admitted the Last Will and Testament of the Decedent to probate and issued Letters Testamentary to David Menzies. The petitioner, Wilhelm Waight, seeks to revoke the letters testamentary and conduct SCPA § 1404 examinations, alleging lack of notice…
This case involves the distribution of settlement proceeds following the untimely death of the decedent, raising questions of jurisdiction and allocation between personal injury and wrongful death claims. The petitioner, Clathina McMillan-Hoyte, seeks approval for the distribution, while the Albany County Department of Social Services (DSS) objects, asserting a Medicaid…
When attempting to probate a will in New York that originated in another country, several issues may arise. The court must navigate differences in legal systems, questioning the validity of the foreign will under New York law. Considerations include the deceased person’s connection to New York, the residence of beneficiaries,…
When someone dies intestate in New York, it means they passed away without a valid will. In this situation, the New York’s laws step in to determine how the deceased person’s estate will be distributed. If the decedent has both a surviving spouse and a child, New York’s intestate succession…
In estate proceedings, the involvement of corporate holdings, like a company owned by the deceased, can significantly affect the distribution of assets. Imagine someone owned a business worth millions when they passed away. Now, their estate has to be sorted out. The company’s value and income become part of the…
Matter of Fakhra, 2023 NY Slip Op 23201 involves a dispute within a small estate proceeding following the intestate death of the decedent in May 2020. The two adult children, Sara Nabil Fakhra (Petitioner) and Aous Fakhra (Respondent), were appointed Co-Administrators of the estate. The conflict arises from Aous Fakhra’s…
Families often find themselves entangled in disputes over wills, particularly when claims of lacking testamentary capacity and undue influence arise. Such disagreements frequently arise due to differing interpretations of the deceased’s intentions or changes in familial dynamics. Courts, cognizant of the gravity of these allegations, meticulously assess each claim. To…
In New York, being of “sound mind” to execute a will means that the testator must possess testamentary capacity. See EPTL § 3-1.1. This entails understanding the nature and consequences of making a will, knowing the extent of one’s property, and recognizing the natural beneficiaries. While a presumption of having…
When someone who lived elsewhere passes away but owns property in New York, a probate proceeding can be initiated in the Surrogate’s Court in the county where the property is located. SCPA § 206 [1], which grants the Surrogate’s Court jurisdiction over the estate of a non-domiciliary decedent who leaves…
In New York, having standing to contest a will means having a direct and adverse interest in the probate proceedings. To challenge a will, an individual must demonstrate a pecuniary or financial stake in the estate that would be adversely affected by the will’s admission to probate. Simply being an…