Before the Nassau County Surrogate Court is the Public Administrator’s motion to dismiss the objections in a contested accounting proceeding. The woman decedent, a resident and domiciliary of Nassau County, died testate. She was survived by her daughter and three sons. Decedent executed a last will and testament bequeathing her…
Articles Posted in Wills
Court Decides Appropriate Fee for Guardian ad Litem
A decedent was survived by his wife (a person under disability represented by a guardian ad litem), an adult son (petitioner) and four adult grandchildren and the issue of a predeceased child. Under the decedent’s will, his entire estate was left to the decedent’s lifetime trust, which in turn leaves…
Court Determines Appropriate Legal Fees for Probate Case
In an accounting proceeding, the court is presented with the issue of determining the amount of attorney’s fees and accounting fees to be granted to be charged against the estate of the decedent. Decedent is a resident of Nassau County who left a will that was admitted for probate by…
Court Decides Payment of Legal Fees for Administration of an Estate
A resident of Uniondale, on 26 December 1998, died. The decedent left a will dated 15 June 1979 which bequeathed her entire residuary estate to her nephew, who post-deceased the decedent. The Public Administrator was appointed temporary administrator of the estate on 14 April 2005. Decedent’s will was admitted to…
Court Determines if it has Subject Matter Jurisdiction
On 28 December 1993, the decedent died. On 28 January1994, The decedent’s Last Will and Testament was admitted to probate (no will contest) and letters testamentary were issued. The issue here (estate litigation) is whether or not an order consenting to a transfer to the Nassau County court of an…
Petitioner Alleges Fraud, Undue Influence
A man executed a will in October 28, 1970. In this will, ninety per cent of his estate is left to charities and the remaining ten per cent is left to his sister. In this will also a bank and trust company was named as executor of the will. After…
Man Dies with 11 Children, Only 1 Named in Will
In January 13, 2007, the father died survived by 11 children: three from the first marriage, four from the second marriage and four alleged non-marital children. The purported will was offered for probate benefits only one child from the first marriage, Angela Manning, who inherits the entire estate and named…
Can a Witness to a Will Signing Also be a Beneficiary?
A New York attorney applied for letters of administration upon the request of the executor of a will. The said executor is also the beneficiary and a nephew of the decedent who was a New York resident at the time of her demise. Upon closer observation of the will, it…
Court Decides Jurisdiction of a Will Contest
This is an appeal filed in the Supreme Court by a party who objected to the probate of the will of a decedent in the Surrogate Court of New York. The facts of the case state that the decedent was a resident of New York. Sometime in his life, he…
Court Determines of Undue Influence Involved in Will Case
A lady testator co-owned an apartment building in New York with her two sisters. The bulk of her estate came from her share in the rent income she derived from the apartments and the value of the apartment building and its premises. She executed a will on September 16, 1997…