A 19 years old woman was at the hotel located at Staten Island, New York. The said hotel is approximately one half mile from the woman’s residence where she resided with her mother. While at the hotel, the woman made her way to the roof of the hotel where she…
Articles Posted in Brooklyn
Court Decides Executor Commission
In a probate proceeding case, the decedent died on July 3, 2003, leaving a will dated November 22, 1971. The petitioner-executor was an attorney admitted to practice in this state and drafted the will offered for probate. Thereafter he maintained limited contact with the decedent. A New York Probate Lawyer…
Court Decides Sales Tax Question
The Facts: On 20 December 1979, the Audit Division of the State Tax Commission issued a Notice of Determination and Demand for Payment of Sales and Use Taxes Due for the period 1 June 1976 through 31 August 1979. Petitioner filed a petition for revision of that determination and for…
Foreclosure of Home Involved in Probate
The plaintiff in this case is Financial Freedom Acquisition. The defendants in the case include Kevin J. Malloy, Esq. who is the guardian ad litem for the unknown distributees, heirs, and next of kin of the deceased, Howard Harris. This includes anyone that is interested in the estate of Howard…
Sibling Claims Decedent was a Victim of Undue Influence
An 87 year old bachelor died on May 12, 1992. He had an estate that was worth $7,000,000. He left his estate to his sister, his brother and the two children of his brother who died before him. He also named the three children of his sister as his heirs.…
Court Decides if Letters Testamentary Should be Issued
A man who had three children by a first marriage married a woman who had five children of her own. When she married her husband, her husband sold the house he owned and moved into the house of his second wife. Sometime in Aprill 22, 2009, the man died a…
First Wife Petitions Will
A man married a woman sometime on February 11, 1921 while they were residents of New York state. A year later, the man filed a case for annulment of his marriage in King’s County. He claimed that the woman he married falsely represented herself. He court dismissed the petition for…
Court Hears Allegations of Fraud and Undue Infuence
A petition for probate was filed. A contestant came forward in the probate proceeding contesting the due execution of the will and contesting as well the testamentary capacity of the testator. The contestant in his objection made general allegations of fraud and undue influence against the proponent of the will.…
Will Contest Filed Based on Domocile of Decedent
A citizen of the United States and resident of Kings County had lived most of his life in Kings County and has acquired properties and interests there. However, in the last years of his life he has lived in Casablanca in the Northern African French Protectorate of Morocco. The Surrogate’s…
Court Discusses Non-marital Child Entitlement in Will Contest
In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed…