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New York Probate and Estate Administration Lawyer Blog

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Petitioner Claims Will was not Duly Executed

Decedent died, survived by four children. Testator had written, signed and attested his will and named his sister as the executor of the will. Only the daughter objected the probate proceeding. In his will, decedent directed his sister to distribute his entire estate. The document reflected that the attesting witnesses…

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Court Hears Complex Estate Litigation Matter

Surrogate’s Court, entered and admitted the document to probate as the last will and testament of testator. The decedent, a physician, married his first wife who died before probate of the will. Testator’s daughters from his first wife petition the court for probate the will testators have written in their…

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Court Discusses No Contest Clauses in Wills

A will executor petitioned in Court to probate the will and the recovery of property alleged asset of the estate. The examinations of the attorney-draftsman, the nominated executor and the attesting witnesses have been completed. Respondents are children of the deceased and grandchildren from a predeceased son. In support of…

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Court Addresses Executor Fee Dispute

A man from New York City executed a Will and its appendices and named a German Catholic Church his principal beneficiary in his last will and testament. The Will was challenged by the executors of a prior will executed in 1972. The appellant firm that represented the deceased man appealed…

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Court Hears Case Regarding Family Dispute Over Will

The appeal concerns a family dispute over the last Will and testament of the mother. The court is asked to determine whether various actions undertaken by the respondent sons in relation to the validation of the Will violated the apprehensive clause contained in the ninth paragraph of the Will. Based…

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Court Decides on Jurisdictional Issues with Decedent Will

A New York resident executed a will in 1950 leaving one-third of his residuary property outright to a daughter of a previous marriage and the remainder in trust for his second wife. She was to receive the income for life and was given a power of appointment over the principal…

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Court Decides Estate Litigation Case

On 28 October 2006, the decedent died leaving a will dated 27 April 2006. The will nominates two (2) executors. Thereafter, one of the executors renounced his appointment. The decedent was survived by his two adult children. Under the will, the entire residuary estate is left to the decedent’s companion…

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Validity of a Will Questioned

A woman died in a nursing home and her will was validated in the court. The legal representative, whom she appointed, filed a petition containing an accusation of the jurisdictional fact that the woman died in her residency. It named, among others, the hospital as a beneficiary in the sum…

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