The Facts of the Case: On 30 December 2006, the decedent died a resident of Nassau County leaving a last will and testament dated 13 July 2006. On 19 March 2007, the will was admitted to probate and letters issued to A and B as co-executors and co-trustees. After making…
Articles Posted in New York City
Petitioner Claims Undue Influence in Estate Litigation Case
The Facts of the Case: On 18 October 2007, a decedent died and is survived by his daughter-one and his granddaughters, A and B, the children of predeceased daughter-two, as his sole distributes. The decedent’s wife had predeceased him in September 2003. After the death of the decedent, the petitioner…
Court Determines Motion for Summary Judgment is Premature
This matter is being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. This is a contested probate proceeding involving the deceased. The appellant, is appealing an order that was made by the Surrogates Court of Westchester County. The order was dated…
Court Decides Contested Probate Proceeding
Queens Probate 25 This is a case being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The case involves a contested probate proceeding. The proponent is appealing an order that was made in the Surrogate’s Court of Westchester County. The order…
Petitioner Contends Undue Influence
Queens Probate 26 This is a probate proceeding being held in the Second Department, Appellate Division of the Supreme Court of the State of New York. In this case the residuary legatee, who was named in a will dated December of 1955, offered it for probate as the last will…
Court Decides Whether Opening a Bank Account Constitutes a Settlement
This is a case of appeal regarding probate. The case is being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. The appellant is appealing a decree that was made in the Surrogate’s Court of Queens County. The decree admitted a will to…
Court Explains Powers of an Executor
The case is being heard in the Special Term of the Supreme Court located in Queens County part 1. Motions A New York Probate Lawyer said there are several motions made in regard to this matter. The plaintiff is seeking that separate defense be struck out and the counterclaim against…
Court Makes Ruling When Original Will Missing
This is a matter dealing with a last will and testament. The case is being heard in the Surrogate’s Court of Queens County. The decedent passed away on the 17th of March, 1956. The decedent was survived by four adult children. A copy of a will was found among her…
Court Looks at Proper Jurisdiction for Estate Administration Issue
The case is being heard in the Surrogates Court of New York County. The motion before the court is made on behalf of the widow and minor child of the testator to dismiss the petition for probate in the interest of justice on the ground that a French forum would…
Public Administrator Files Petition for the Temporary Letters of Administration
This case is being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The petitioner and appellant in the case is appealing an order made by the Surrogates Court of Queens County. This order was dated the 17th of April, 2008 and…