A New York Probate Lawyer said that, this is a proceeding to vacate a decree of probate and to allow the petitioners to withdraw the waivers of process, consents to probate they executed on May 17, 1999. The petitioners are the decedent’s four adult children, the executor of the estate,…
Articles Posted in Wills
Court Discusses Case Regarding CPLR 3101 (a)(4)
A New York Estate Lawyer said that, in this probate proceeding the contestants move pursuant to CPLR 3101(a)(4) for an order to examine on oral questions non-parties and to direct them to produce certain books and records relating to the decedent. The non-parties are the Nassau County Police Department and…
Court Determines Possible Violation of No Contest Clause in Will
In this Probate action, a daughter of the decedent filed a motion to stay the entry of a decree admitting the propounded instrument to probate; for an extension of time to file objections; for leave to examine the proponent and for a construction of the effect of a no-contest clause…
Petitioner Files Motion to Dismiss for Lack of Jurisdiction
This is a motion to dismiss a petition for original probate for lack of jurisdiction, both as a matter of law in the exercise of the court’s discretion. A New York Probate Lawyer said that decedent died in New Hampshire. Decedent was a non-resident of New York. The proponent-executrix, decedent’s…
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’,…
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,…
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…
Petitioner Alleges Undue Influence Regarding Will Execution
Decedent died in September 2005 at the age of 93, survived by two nephews, and the issue of a predeceased nephew. The 2005 Will was admitted to probate by decree and letters testamentary thereupon issued to co-executors. A New York Probate Lawyer said that in August 2006, a legatee of…
Court Decides Settlement of Intermediate Account of the Executors
In this proceeding for the settlement of the intermediate account of the executors the petition prays construction of provisions of the will which have created nine separate and distinct questions involving its interpretation. A New York Probate Lawyer said that in Paragraph Third of her will, the testatrix made twenty-seven…
Petitioners Assert Fraud and Undue Influence Regarding Construction of Will
There is offered for probate as decedent’s last will and testament an instrument in his own hand in the following text: “This is my will if I should die on this my trip to India You are my sol heiress.” A New York Probate Lawyer said that the objections to…