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Articles Posted in New York City

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Co-Executors File Motion for Eviction in Estate Litigation

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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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