Articles Posted in Probate & Estate Litigation

When someone dies without a valid will, the Surrogate’s Court must appoint someone to administer the estate. That person is called an administrator. The administrator collects estate assets, pays debts, and distributes what remains to the people legally entitled to inherit. In Matter of Dinger, the Richmond County Surrogate’s Court had to decide who should receive letters of administration where the decedent’s surviving daughter objected to the petition filed by the decedent’s grandson.

Background

May Dinger died in 2012. She was survived by one daughter. Her grandson, David Thompson, Jr., was the son of May’s daughter who had died before her. In 2014, the grandson filed a petition asking the Surrogate’s Court for letters of administration. Letters of administration are the court papers that give someone legal authority to manage an estate when there is no valid will. The surviving daughter opposed the petition and moved to dismiss it. She claimed, among other things, that there was a will and that the grandson should not be appointed. The daughter submitted a copy of what she claimed was May Dinger’s will. However, she refused to offer the original will for probate. The Surrogate’s Court denied the daughter’s motion and directed that letters of administration be issued to the grandson. The daughter appealed.

When someone dies without a will, determining who has the legal right to inherit is often one of the first issues that must be resolved. In some cases, family members may disagree about who qualifies as an heir, particularly when questions arise about paternity or family relationships. A February 2026 decision from the Bronx County Surrogate’s Court illustrates how New York courts evaluate those disputes and the consequences that may follow when parties continue pursuing claims after the evidence no longer supports their position.

Background Facts

The decedent, Wayne Dow, died in April 2020 without a will. Shortly after his death, his brother, Alvin R. Dow, and a sister, Jacqueline Bazemore, filed a petition seeking appointment as administrators of the estate. They claimed that they, along with three other siblings, were the decedent’s only distributees. The decedent’s daughter, Milan Monroe, formerly known as Milan Paris Dow, later filed a cross-petition seeking letters of administration. She asserted that she was Wayne Dow’s daughter and, as his only child, was his sole distributee under New York law.

When attempting to probate a will in New York that originated in another country, several issues may arise. The court must navigate differences in legal systems, questioning the validity of the foreign will under New York law. Considerations include the deceased person’s connection to New York, the residence of beneficiaries, and the executor’s location. The court may assess if the decedent directed probate in New York, weighing the convenience of parties involved. Potential conflicts arise, as the court must balance New York’s interest with the foreign jurisdiction’s primary role in determining the will’s validity. These complexities highlight the importance of careful legal evaluation and the potential need for the court to exercise discretion in deciding whether to accept jurisdiction over the foreign will.

Matter of Cohen 2004 NY Slip Op 24426 involves a dispute among the surviving children of Anna Cohen, who passed away in 1991. The conflict centers on the probate of Anna Cohen’s will in Israel, with Esther Green seeking to challenge the letters of administration granted to her sister, Deb Ireland, in the United States.

Background Facts