When someone who lived elsewhere passes away but owns property in New York, a probate proceeding can be initiated in the Surrogate’s Court in the county where the property is located. SCPA § 206 [1], which grants the Surrogate’s Court jurisdiction over the estate of a non-domiciliary decedent who leaves…
In New York, having standing to contest a will means having a direct and adverse interest in the probate proceedings. To challenge a will, an individual must demonstrate a pecuniary or financial stake in the estate that would be adversely affected by the will’s admission to probate. Simply being an…
In re Horn, 68 Misc. 3d 1217 (N.Y. Surr. Ct. 2020), the dispute revolves around the Last Will and Testament dated January 15, 2019, including a claim related to the testamentary capacity of the testator. Testamentary capacity is crucial in ensuring the validity of a person’s will. It reflects the mental…
Lack of capacity to make a will in New York refers to a situation where the testator (the person making the will) does not have the mental capacity to understand the nature and consequences of his or her actions when executing the will. In order to have the capacity to…
A will, when properly executed, is a legally enforceable document in which the testator gives instructions as to what is to happen to their property after their death. In this will contest case the Surrogate’s Court has was asked to determine whether a document signed by the decedent was in…
In In re Holmgren the petitioner, Philip Holmgren, submitted his sister’s will for probate. Even though the will was not contested, because of the novel circumstances surrounding the execution of he will, the Surrogate’s Court, Queens County issued a written opinion as to whether a will that was executed under…
In In re Ryan the petitioner asked the Surrogate’s Court of Broome County to admit a will to probate that was executed under the requirements of special rules that were put into effect to make sure that social distancing requirements where followed. Requirements for executing a will in New York…
In In re Koutsakos the petitioner asked the Surrogate’s Court of Queen’s County to admit a handwritten will to probate. The will was dated March 18, 2020. Requirements for executing a will in New York For a will to be valid in New York, it must be written and executed…
On August 12, 2018, Kranz-Marks passed away. She left a will dated June 9, 2015. However, the first page of the will had the handwritten word “VOID.” It also included the followed handwritten statements: “Everything will be left to my three daughters: Jessica, Emily, and Erica Marks ONLY!!!” and “My…
A military testamentary instrument is sometimes called a “military will.” It is a last will and testament as described by federal statute 10 USCS § 1044d. It can be executed only by or on behalf of a person who is eligible for military legal assistance. Like any other type of…