When someone dies due to the negligence of another person or entity, a determination must be made as to whether settlement amounts are due to wrongful death or pain and suffering. Amounts that are allocated to “wrongful death” are owed to the decedent’s heirs, while amounts allocated to “pain and…
The case revolves around the contested probate of Santine Porpora’s last will and testament, dated March 14, 2011. The petitioner, John Porpora, seeks to probate the will, while Jan Porpora and Decedent’s grandchildren, Nicole Wagner and Jenny Eisenhauer object, alleging undue influence. Background Facts Santine Porpora, the decedent, passed away…
In re Eastman involves the issue of undue influence. Undue influence refers to the exertion of improper or coercive pressure on the testator (the person making the will), influencing them to make decisions that go against their own free will and desires. It involves a level of manipulation that overcomes…
In re Rottkamp, 95 A.D.3d 1338 (N.Y. App. Div. 2012) is about a contested probate case, centered on the last will and testament of Jacob H. Rottkamp. The objectant, Janis Rottkamp, challenges the probate, alleging lack of due execution, the decedent’s lack of testamentary capacity, and the influence of fraud…
Cases involving wrongful death settlements can be quite complex, as demonstrated in the case of In re Torres, 28 Misc. 3d 677 (N.Y. Surr. Ct. 2010) , involving the New York City Department of Social Services (DSS). Wrongful death occurs when an individual dies due to the negligent or intentional…
In New York, testamentary capacity refers to an individual’s mental soundness at the time of executing a will. As per New York law, the testator must possess the mental acuity to comprehend the nature and consequences of their actions in creating a will. According to EPTL §3-1.1, the testator is…
This case involves a petition by Clathina McMillan-Hoyte, as the Administrator of the Estate of Henderson T. Hoyte, seeking approval for the allocation and distribution of settlement proceeds. The matter arises from the allocation of 100% of the settlement to wrongful death, a decision challenged by the Albany County Department…
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…
Delrossi v. Defendant V, 2004 N.Y. Slip Op. 24462 (N.Y. Sup. Ct. 2005) is a complicated case that spans over two decades. The intricacies of this legal battle, involving issues of wrongful death, survivorship claims, and reimbursement rights, present a fascinating study in the interplay between state and federal laws.…
Will construction is a legal process aimed at interpreting and understanding the intentions of a testator, the person who made the will, when the document’s language is unclear or subject to multiple interpretations. This process becomes necessary when beneficiaries or interested parties raise concerns or disputes regarding the meaning of…