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Articles Posted in New York City

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Petitioner Brings Case to Probate Lost Will

A New York Probate Lawyer said that a probate proceeding was brought by the Petitioner for the probate of a lost will purportedly executed by her decedent brother. A New York Will Lawyer said that the decedent died in September 2005. A will executed on in 2003, which provided for…

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Petitioner Requests Letters Testamentary

A New York Probate Lawyer said this probate proceeding, two of the three preliminary executors move for an order disqualifying their former attorneys from representing the objectants; the motion is opposed. A New York Will Lawyer said that the decedent died in November 2010, survived by a spouse and two…

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Court Rules in Will Dispute

A New York Probate Lawyer said in this probate proceeding, petitioner, by motion, seeks an order vacating a stipulation of settlement and a renunciation and disclaimer purportedly executed to effectuate the settlement. A Nassau County Probate attorney said that decedent was survived by his spouse (petitioner) and two children of…

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Court Analyzes Will Due to Allegations of Undue Influence

A New York Probate Lawyer said that the complainant moves to dismiss the objections filed contending that they are not legally cognizable. A deceased woman’s last will and testament nominated the accountant, her brother, as administrator of her estate and made him the beneficiary of the residuary that comprised 49%…

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Petitioner Alleges Undue Influence Regarding Will Execution

A New York Probate Lawyer said that, in this contested probate proceeding, the proponent, the daughter of the decedent, moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the objections and admitting the propounded instrument dated June 25, 2007 to probate. The objectant, who is the son…

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Court Discusses Case Involving In Terrorem Clause

A New York Probate Lawyer said a petition for the probate of an instrument dated 11 March 2008 was filed by the nominated executor before the court along with the recovery of property alleged to be an asset of the estate pursuant to SCPA 2103. A New York Will Lawyer…

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The issue in this case is whether the United States estate tax should be allocated against legacies bequeathed in the Mexican will of the decedent.

A New York Probate Lawyer said that, the decedent was a citizen of the United States, domiciled in Mexico City, who possessed substantial assets in New York and in Mexico. On May 14, 1965 she executed a will in New York which disposed of all of her property ‘wheresoever’s situate’,…

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Court Decides Case Regarding Rhode Island’s Non-claim Statute

A New York Probate Lawyer said that, plaintiff was a patient of the decedent doctor, a general dentist. He died on September 12, 2005. Although he lived in New York at the time of his death, a probate estate was commenced in Rhode Island where he possessed property and where,…

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Court Decides Validity of German Will

In this proceeding the petitioner requests probate of a will executed in 1955 while the decedent was domiciled in New York County. A New York Probate Lawyer said that the petitioner is an appointed executor of a will which bequeaths the residuary estate to a New York charity. Decedent journeyed…

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