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Articles Posted in Westchester County

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Court Suspends Letters of Testamentary

A man died leaving a last will and was subsequently admitted to probate. The letters testamentary was issued to the deceased man’s youngest son. Still, the last will bequeath the man’s residuary estate equally to his three sons. A New York Probate Lawyer said in the court suspended the letters…

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Court Discusses Public Policy Concerns Regarding Rent Stablization

A New York Probate Lawyer said this is an action for breach of an illegal oral contract to issue plaintiff a rent-stabilized lease and lease renewals, in perpetuity. The complaint filed in April 2004 asserts a right to a renewal lease under a tenancy created by a purported 1992 verbal…

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Court Decides Reasonable Attorneys Fees for Estate Administration

The Facts of the Case: On 22 February 2004, a resident of Hicksville died with a will dated 6 November 2002, months after a guardian was appointed on her behalf under Mental Health Law Article 81. The decedent left all of her property, other than a $15,000.00 bequest to a…

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Landlord Commences Nonpayment Summary Proceeding Against Tenants

In a court proceeding, a complainant filed a motion to stay pending the determination of an appeal from an order of the civil court. New York Probate Lawyers said that upon the papers filed in support of the motion and the papers filed in opposition, the court consequently ordered that…

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Petitioners Request Withdrawl of Probate Petition and Move for Issuance of Letters of Administration

The Facts of the Case: On 26 October 2000, a decedent died with a Last Will and Testament dated 23 March 1995. Under the will, the decedent left her estate to her two sisters, A and B, or the survivor; named A as executor and B as successor. A predeceased…

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Defendant Contends Court Lacks Personal Jurisdiction

This case is being heard in the Supreme Court of Nassau County. The action before the court is a case of accounting in regard to an estate. The decedent passed away on the 20th of September, 2000. A New York Probate Lawyer said at the time of her death she…

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Appellant Brings Motion to Strike Affirmative Defense of Lack of Personal Jurisdiction

This case is taking place in the New York Supreme Court. Case Background There are a series of four motions in this particular case. The first motion in this case was originally brought on by the order to show cause in the Queens County court and then transferred to this…

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Appellants Contends Decedent Lacked Testamentary Capacity

This is a case being heard in front of the Supreme Court of the State of New York, Appellate Division, and Second Judicial Department. The case is a contested probate proceeding. The objectant of the case is appealing a decree made by the Surrogates Court of Queens County. The decree…

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