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Articles Posted in Brooklyn

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Executor Moves to Preclude Decent’s Grandchildren from Will

In this probate proceeding the proponent, the decedent’s son who is the nominated executor and sole beneficiary under the propounded instrument moves to preclude the objectant, the guardian of the property of one of the decedent’s grandchildren who is an infant, from offering any evidence or testimony in this proceeding…

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Court Determines if Bequest to Decedents Friend is Void

A New York Probate Lawyer said that, in this uncontested proceeding to probate a will dated December 2, 1991, the issue presented is whether the bequest to decedent’s friend is void under EPTL 3-3.2 in light of the fact that he was one of the three attesting witnesses and that…

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Two Sons File for Accounting Proceeding

This is an accounting proceeding wherein objections were filed by one of the two sons of the decedent who have equal shares in the residuary estate. A New York Probate Lawyer said the issues presented before the court arise from a situation where an attorney-draftsman and his partner petitioned in…

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Court Decides if Respondent was Able to Distribute Money via a Power of Attorney

A New York Probate Lawyer said that, in this SCPA 2103 proceeding, the respondent moved to vacate her default and for other relief. The branch of the motion seeking to vacate the respondent’s default is now academic as a result of the court’s decision and order dated February 1, 2008.…

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Court Discusses the Rule of Perpetuities

A New York Probate Lawyer said that a woman died on March 1, 1968 and her will dated October 8, 1958 was admitted to probate on March 20, 1968. On August 29, 1968, the appellee filed his petition for construction and revocation wherein he renounced any disposition and bequest made…

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Brother Battles Sister Over Father’s Estate

A man died at the age of 71 years and his wife, who had been battling cancer, also died the day before his own death. The deceased man’s successors are his children. A New York Probate Lawyer said at the examination, the ten passbooks, the deceased man’s hospital records, the…

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Court Rules on Setting Fees for Legal Counsel of the Executor

A New York Family Lawyer said in this uncontested accounting proceeding are the issues of the fees of counsel for the executor, accountant’s fees and reimbursements to the executor of sums advanced by the counsel. A woman died as resident of Massapequa, New York. She was survived by her son,…

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Court Reviews Details of Final Accounting

Before the court is the first and final account of A as ancillary executor of the estate of B; an estate litigation. The court is asked to approve attorney’s fees, commissions, reimbursement of expenses for the estate administration and the settlement of the account. A New York Probate Lawyer said…

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Court Discusses Conflict of Creditor Acting as an Administrator

In this Estate Litigation action, a creditor of the deceased filed a petition. Petitioner asks the court to issue limited letters of administration to the Public Administrator of Nassau County so that he can defend the estate against creditor’s mortgage foreclosure action against decedent’s residential real property. The petition avers…

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