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…
Articles Posted in Wills
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…
Petitioners Look for Power to Evict Tenants from Property
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…
Petitioners Seek to Revoke Probate Petition
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…
Probate Court Discusses the Legality of Asset Purchase Agreement
The Facts of the Case: On 8 January 2006, the decedent died with a will dated 31 December 1993. On 26 April 2007, the decedent’s will was admitted for probate (will contest proceeding) by the court and a decree was thereafter issued, and letters testamentary also issued to the decedent’s…
Court Discusses Arbitration in Will Dispute
The Facts of the Case: A and B are husband and wife. They are shareholders in a radiology practice together with doctor-one and doctor-two. In 2004, they entered into an agreement where disputes arising therefrom are subject to arbitration. On 16 March 2007, B died leaving a will dated 12…
Petitioner Questions Validity of Will
In a will contest probate proceeding, the appellant woman appeals from a decree of the Surrogate’s Court which as granted the motion of the petitioner, Public Administrator of Kings County, for summary judgment dismissing her objections to admit the deceased person’s will dated September 30, 1977, admitted the will to…
Both a Will and Advanced Health Care Directive are Important in Estate Planning
Facing your mortality is not a pleasant task. However, it is important to discuss an estate plan with a NY estate attorney in order to make sure that your family and loved ones are taken care of should you pass away. A last will and testament is one of the…
Court Determines the First and Final Account for the Administrator
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…
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…