Bronx

Published on: December 4, 2012

Case Involving Testamentary Assets Transferred to Surrogate Court

by Stephen Bilkis

This is a case being heard in the Supreme Court, Appellant Division, and Third Department. The case before the court is an appeal from an order made in the Supreme Court at Special Term that granted the defendants motion to remove the action to Queens County Surrogates Court.

Case Background

New York Probate Lawyers said the plaintiff started this action against the defendants to recover the amount of $1000 that was found in the personal effects of the decedent, his uncle. The defendants allege that the money constitutes testamentary assets to be distributed by the Surrogate’s Court. The will of the decedent was offered for probate in the Surrogate’s Court of Queens County and the plaintiff has filed objections to probate.

Published on: November 27, 2012

Court Questions Validity of Will

by Stephen Bilkis

This case is being heard in the Surrogate’s Court of Kings County. The case before the court is a proceeding to probate a copy of a testamentary instrument as a lost will. The petitioners have moved to withdraw their petition and have letters of administration issued instead.

Case Background

The decedent passed away in October of 2000. The propounded instrument was executed in March of 1995. In the instrument the decedent left her estate to her two sisters or the survivor. Her older sister was named as the executor and her younger sister was named as the successor. Her older sister passed away and as a result the entire estate passed to her younger sister in its entirety.

Published on: November 9, 2012

Court Determines if Will is Valid

by Stephen Bilkis

This case involves a probate proceeding and is being heard in the Surrogate’s Court of Kings County. A New York Probate Lawyer said he instrument that is offered for probate in this matter is written on a regular piece of notebook paper that has been folding in half to form four pages. The entire paper is written in the handwriting of the decedent all the way down to the signature. The words “my will and testament” appear near the bottom of the page. Brooklyn Probate Lawyers said there are two witness signatures on the paper as well, along with their addresses. However, both witnesses are now deceased and there is no attestation clause.

Case Background

It is shown at the time the will was executed the decedent was a notary republic. The decedent deposited the will with the Surrogates Court of Queens County for safekeeping in June of 1933. The will remained in the custody of the said court until it was released to this court when the decedent passed away in 1965.

Published on: October 29, 2012

Court Revokes Commissions Collected by Executor

by Stephen Bilkis

This is a decision made in the Surrogate’s Court of the State of New York in Nassau County after a bench trial of the accounting of the executor of the estate. Before the trial the objectant by an order to show cause sough the revocation of letters testamentary that were issued to the executor. The application has been held in abeyance pending the trial of the accounting of the estate.

Case Facts

The decedent passed away on the first of May, 2004 and left behind a will that was admitted for probate. The decedent was survived by four children. The will bequests pre-residuary cash payments in the amount of $45,000 to three of his children. The will divides the residuary estate equally among all four children. Letters testamentary were issued to the oldest child as he was named as the executor of the estate.

Published on: October 28, 2012

Son Challenges Father’s Will

by Stephen Bilkis

In this case the defendant has moved for an order to dismiss the first and third causes of action brought against them on the ground of failure to state a cause of action. The defendant is seeking to have the remaining caused transferred from the Supreme Court, Special Term, to the Surrogate’s Court of Queens County on the ground that it is the more appropriate forum for this action.

Case Background

A New York Probate Lawyer said the plaintiff is seeking to recover half of $80,285.58 that he alleges is his property by reason of establishment of a number of bank accounts by his late father. He states the accounts were in his and his father’s names. The son’s name was eliminated from the accounts in question in June of 1983. The father then opened new accounts in just his name with the proceeds of the accounts that he had closed.

Published on: October 23, 2012

Court Hears Estate Litigation Matter Over Legal Fees

by Stephen Bilkis

This is a case of appeal being heard in the Supreme Court, Appellate Division, and Second Department. This proceeding is to settle the account of a co-executor of an estate. The co-executor and the law firm are appealing an order that was made in the Surrogate’s Court of Queens County. The order reduced the amount of legal fees as requested by the law firm and directed the law firm to reimburse the estate for the legal fees they had received in excess.

Case Background

The decedent passed away on the 14th of March, 1984. The will left behind by the decedent named one beneficiary of the estate and he was also named as the co-executor of the estate. The estate had an estimated value of $363,000. The other co-executor of the estate was the attorney/draftsman of the will. He was also a subscribing witness and supervisor in the execution of the will.

Published on: October 12, 2012

Court Reviews Stipulations Made in Divorce Decree

by Stephen Bilkis

This matter deals with the estate of Michael Pavese who is deceased. A New York Probate Lawyer said the main issue before the court is whether or not the stipulations that were made with his spouse Barbara Pavese during their divorce action are valid and enforceable. Barbara Pavese has petitioned for a determination that the stipulations of the divorce agreement be declared as void and ineffective and that all the funds that are held in specific United States Treasury Accounts be released to her immediately as the joint tenant with the right to survivorship or in the alternative that at least half of the funds be released to her immediately.

Case Facts

Barbara and Michael Pavese were married in April of 1981. In May of 2001, Michael Pavese moved out of the marital home located in Lloyd Harbor, New York, in Suffolk County. Michael moved in with his brother Peter in Massapequa, New York, in Nassau County.

Published on: October 8, 2012

Court Hears Four Guardianship Proceedings

by Stephen Bilkis

This case is being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The case involves the respondent, Alice A. Amrhein and the appellant Ernest L. Signorelli. In this case the Commissioner of Social Services of the County of Suffolk is challenging the authority of the Surrogate to order her or the Department of Social Services of Suffolk County to conduct investigations including home studies and criminal checks of petitioners in guardianship proceedings that are brought in front of the Surrogate’s Court.

Case Background

The facts of this case involve 4 different guardianship proceedings. The first matter involves the Robinsons, who are the maternal aunt and uncle of a then fifteen year old girl who sought guardianship after the death of the girl’s parents.

Published on: September 30, 2012

Petitioner Seeks Repayment of Debt

by Stephen Bilkis

This matter deals with a petition from A.S. The petitioner is attempting to prove that a debt that is due to him by W. S., who is deceased. This matter is being heard before the Surrogates Court located in Queens County.

Case Background

Josephine and William Schweizer executed a joint and mutual will in 1938. In the will William left his entire estate to Josephine upon his passing and in her will Josephine left her entire estate to William upon her passing. Upon the death of the final survivor of the estate the remainder of the estate, excluding specific bequests, was to be left to their two grandchildren, divided equally among them upon them reaching the age of 25.

Published on: September 29, 2012

Court Interpretes Last Will and Testament

by Stephen Bilkis

This is an application made by Julia E. Paige to obtain a construction of the last will and testament of Fred Edey, who is deceased, as a way to determine the proper rates of commissions that are to be paid to the testamentary trustee under the will. This matter is being heard in the Surrogate’s Court of Suffolk County.

Case History

The Surrogate’s Court of Suffolk County in 1929, appointed Old Colony Trust Company from Boston, Massachusetts as the testamentary trustee of the estate of Fred Edey. Old Colony Trust Company has been acting as trustee since this time. From the years 1929 through 1954 the compensation rates as the trustee were calculated in accordance with the statutory rates of New York. Since 1954, the rates have been calculated using their own schedule of charges, which is some what higher than the New York statutory rates. Massachusetts law does not provide specific statutory rates.