Brooklyn

Published on: February 15, 2012

Court Rules on Complex Will Matter

by Stephen Bilkis

A woman died and signed a will two days prior to her death. The will stated that she left her entire estate to one man. But, she did have another will dated many years prior to her death. It states that she left her assets to her brother and sister, unfortunately they died already, and it says if they died partial of the assets will be preceded to one of the Catholic Congregation and the remainder to her cousin and his wife.

The man filed a civil case to validate the earlier will, to which the other heirs from another will filed an objection. The eight day trial resulted on a denial to the motion, by which the jury found that the deceased person doesn’t have the legal ability to make a will and it was only done by influence. The man requests a higher court to review the lower court decision and again denied. The heirs of the late will filed a petition to legally validate it. They issued temporary letters and no objection has been filed. And the other man from earlier will seeks leave to file objections to the late will, a stay to pending appeal and an order requiring the temporary administrator to file a bond pending appeal.

Based on records, in order to file objections, the prospective objector must have an interest in the properties that would be adversely affected by the admission of the will to attest. According to a New York Probate Lawyer, man argues that he has standing because he has an interest in the properties and would be adversely affected by validation of the late will. And, as an appellant, he has contingent interest in the properties. However, this is not sufficient to file objections. The adverse consequences must be the direct result from the admission of the will to validate. It is clear that the man is not adversely affected by the validation of the late will. The only ground on which he can objects to the validation of the will is that there is a valid later will, which is the earlier will. However, the argument has already been determined in the prior trial and been rejected. He also argues that the court should permit him to intervene under its discretion to permit any party with a fair or slightly possible financial interest to intervene.

Published on: February 13, 2012

Court Rules on Complex Probate Matter

by Stephen Bilkis

The guardian of the decedent’s estate has filed for a petition and requested the court to allow the probate of the alleged will. The petition also contained that a fee should be established by the court.

The testator of the will and testament has passed away. He left his wife and 3 children his estate. The widow was named the guardian as stated in the decedent’s will. The widow at that time is afflicted with dementia. The two older sons of the testator were also named as co-guardians for their mother.

The two sons requested a probate of a specific will. A few months later, they filed another probate on another will and requested that the previous motion be denied by the court.

Published on: February 10, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

According to a New York Probate Lawyer, this is a case about the estate of Bertha Weil Fitzgerald. Reports that reached his office said that the estate was left to a number of charitable institutions and couple of churches according to her will. These charities and churches are Catholic Charities of the Archdiocese of New York, National Society for Prevention of Blindness, Inc., The Fresh Air Fund, First National City Bank as Committee of the Property of Paul S. Ames, Jr., Society for the Prevention of Cruelty to Children, Archbishopric of New York and for Terence Cardinal Cooke, The Salvation Army, Heart Fund, American Cancer Society Inc., and the New York Hospital-Cornell Medical Center.

According to the Will that was executed in 1970, all of these charities and churches shall receive each an amount of $50,000. The Fitzgerald Estate was valued at $2 million. The remainder of the estate shall be given to the Archbishopric of New York. However, Bertha Weil Fitzgerald had a 41 year old son who was legally entitled to the estate of his deceased mother. It was also said on the Will that Bertha did not intend to leave any amount or any part of her estate to her son, who was also invalid and incompetent. The son according to reports had been institutionalized since childhood and therefore was under no condition to care for himself much less to her mother’s estate. It was also noted that the grandmother, Bertha’s mother already left half a million dollars to her grandson when she passed away some years back.

This case was filed by the trust company of Bertha’s son claiming that the son, under their representation did not receive any notice about the Will of Bertha. They claim that the son was not able to file an objection to his mother’s last will and testament and that it was right to do so. It was also noted that by law an incompetent spouse or in this case a son can file for an objection if he or she was left with a sum leas than or not equal to the sum that were left to other beneficiaries in this churches and charitable institutions. It is also what is known as a case of excessive or too much charity.

Published on: February 9, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

This is a case regarding the Estate of Julia Eckart and the claims of her children regarding each of their shares in the inheritance. According to reports given to a New York Probate Lawyer, the children of the deceased filed a case against the last will and testament of their mother because of the insufficiency of their inherited amount against that of which will go to other people, entities and charities.

Unbelievably, according to Brooklyn Probate Lawyers, Julia Eckart left each of her children the amount of $50 each. According to her will, she also left no other cash or property to the rest of her surviving relatives. That is why the surviving children, Charlotte Anna Eckart, Frank Darmody and Frank Darmody filed a case in court that says that their mother made an excessive contribution to charity and that they were left with nothing except for the $50 each that were provided to them by her last will and testament. The rest of Julia Eckart’s estate, including her real and personal property have been assigned to the Watch Tower Bible and Tract Society of Pennsylvania, which is a non-profit corporation in Brooklyn, New York.

Reports that reached Bronx Probate Lawyers, the court thoroughly examined the case according to the petition filed by the children. There was also a similar case before when a grandson was expressly disinherited on the will that was left by his grandfather. This was the Cairo case which was a long and hardly fought battle in court which now became a source of other similar cases as well. But according to the court, there should be two elements present in a case before it can be ruled as excessive charity. First, there should really be the intension to give too much of her estate to charity. Second, there is the intention to disinherit immediate family members like the spouse or children by the one executing the last Will and testament.

Published on: February 7, 2012

Can an Appeal that was Never Filed Serve as Notice of a Will Contest

by Stephen Bilkis

On June 28, 1975, a man died in West Monroe. He left a last will and testament dated November 27, 1972. The will was submitted to probate in November 1, 1977 and letters were issued to a family member as the executor of the estate and sole descendant. Prior to the settlement of the affairs, this family member died. This was November 5, 1981. In January 15, 1982, the nephew of the deceased executor petitioned the court for letters of administration. The court granted this petition in January 19, 1982.

In January 7, 1983, nephew asked the court to rule on whether the decedent exercised his personal right under the excessive gift to charity. By May 4, 1983, a hearing was held to present evidence.

The decedent, upon the death of his mother contacted a lawyer regarding some of the provisions in his mother’s will. The nephew also asked if these certain stipulations in his mother’s will can be broken. He expressed his discontent with his mother’s will especially in the paragraph that allocates any remaining estate to be given to Hospital North. Hospital North at the time of decedents death was non-existent. In a letter dated January 12, 1982 from an attorney for the Hospital North, it was said that the Hospital North was never created and will never be created.

Published on: February 6, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

Laurel G. Ellis died in June 1994. She left a last will and testament dated May, 25 1990. This will contain conditions in the bequest that favored her daughter, Florence. In the will, it gave 50% of the remaining estate after taxes and fees to Mrs. Ellis daughter and the remainder is divided equally between her sons, John and Richard. One would think it is unfair for the mother to do this, but with their history, you would understand why.

The previous will had the children sharing the estate equally, but after Mrs. Ellis’ husband died the sons’ relationship with their mother got worse and with her daughter better. There was even a letter sent by John to her mother that accused Florence of scheming to distance Mrs. Ellis from her sons. This was in March 1980. He even went as far as demand to have the old will reinstated and that Mrs. Ellis should not help Florence financially unless there is proof that she needs it. He stated in his letter that if his demand is granted, then he will not publicize the issue. A New York Probate Lawyer said John threatened to file a court case if what he wants is not done. In an undated letter to his brother Richard, he said the “estate would be in court so long that Florence would never see any of the money.”

In May 1990, she executed the will submitted for probate. Aside from the provision she placed in favor of her daughter, she added that her will is based on the “loving care and attention” her daughter has showed her and her late husband, unlike the behavior their sons showed. She said the will is a product of a long and careful thought and was not because of undue influence from Florence. Furthermore, in June 1993, she approached a new lawyer to draft a new will for her so that she could continue to express her desire to give the majority of her estate to Florence. The information a New York Probate Lawyer gathered said she was afraid her sons will cause trouble for her daughter. This is when the terrorem clause was added wherein if any of the beneficiaries directly or indirectly contest the will or any of its conditions, their right to their share in the estate is revoked, and that share will be divided between the remaining parties who have not contested.

Published on: February 4, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

Joseph Alexander died November 23, 1975, leaving his adopted son, Ronald Alexander. After the probate of his will, his son filed a petition contesting the amount given to charities as in excess percentage amount allowed by law. Executors were placed to check if the claim was valid, and the courts were asked to determine the effect of the ‘no contest’ clause of the will.

In his will, he gave all his properties, a flat in Switzerland and $25,000 per year to his son. In the event that his son dies before the end of the trust then the remaining amount will be put back to his estate.

Joseph Alexander also included in the will that in his lifetime, he had provided his son loans. He had paid indebtedness acquired by his son from other people. He expressly states in his last will and testament, from what a New York Probate Lawyer gathered, that if his son directly or indirectly oppose the probate of his will, Ronald Alexander will not getting any part of his estate and will only get $1 per annum.

Published on: February 3, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

In the mater of the last will and testament of Clara Louise Bonesteel, a petition was filed with the Appellate Court with in relation to the decision made in a jury trial. The last will and testament was disputed as not being a valid will for the decedent. The jury found that the last will and testament is legitimate and said that it can be entered into probate.

The case that is filed with the court is with regard to the challengers of the will to be able to get a copy of the stenographic minutes of the trial at the expense of the estate. The law states that a copy of the stenographer’s minutes may be supplied to the contestant and charged to the expense of the estate if they can determine that the contest was made in good faith. It does not matter if the contest was successful or unsuccessful as long as it was made in good faith. In the case of Byron’s will, the court decided that good faith is not to be established before the contest as it will promote prolonged trials because the person contesting the will is assured that the costs will be shouldered by the decedent’s estate. To determine good faith after the trial is a way to ensure that the contest is already in good faith because one will bear the cost otherwise.

In law, there is also a rule of stare decisis. This states that any court lower than the Appellate Court should follow the decision made already by the Appellate Court with regard to the same issues. This applies to other judges even if not from a lower court, but of course not a higher one. In the case regarding Harned’s will, the Surrogate Wingate of Kings County followed the decision of the Appellate Division of the First Department, there was no differing decision from his own Appellate Division in his department. A New York Probate Lawyer mentioned that the decisions of other Special Terms are not controlling. The judge at special term has the duty to follow a decision made by the Appellate Court of another division pending the decision of his own Appellate Division of the Court of Appeals offers a different ruling.

Published on: February 1, 2012

Court Rules on Terrorem Clause

by Stephen Bilkis

John A. Stiehler died on July 29, 1984. At the time of his death he had a wife and three adult children from prior marriage. The executor of his estate filed his last will and testament, dated May 16, 1973, and an addition to his will dated September 8, 1982 for probate. He stated in his will that since his wife likes his home in Florida so much, she is given right and privilege to it as long as she lives or until she gets married again. The codicils are also to her benefit. A New York Probate Lawyer obtained information the will stated that since he has been generous to his wife, a contest of the will or any of its supplements will result to her forfeiting her right to the benefits of the will.

The wife filed objections to probate on January 2, 1985. She objected to both will and codicil. After which, she amended her petition to ask for an addition to the will dated July 24, 1984 be added to probate. This codicil did not include the terrorem clause and the limitation with regard to the remarriage. She ultimately withdrew her will contest and contested to the probate of the May 26, 1973 will and the September 8, 1982 codicil but reserved the right to petition for probate of the instrument dated July 24, 1984. In a later document, she also withdrew the petition for probate for the July 24, 1984 codicil. In this case, the wife is asking for an advance to the bequest that is due to her. In an instant proceeding, she asks for the property in Florida.

The executor of the estate contested that the wife had violated the no-contest clause of the codicil and therefore, is not entitled to any of the bequests. The court determined that the first issue to address is if the wife violated the terrorem clause of the will. For this, according to Nassau County Probate Lawyers, they need to establish the intention of the testator. It appears that he had wanted his wife and children to be provided for. The court said that contest can mean different things depending on the case. There are cases wherein the simple filing of an objection even if it was not tried was considered a contest. There are also cases where in order to be deemed a contest the protest should have pushed through in litigation.

Published on: January 31, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

With an Estate amounting to almost two million dollars, E. Louise Grupp died in September 25, 1992. The will that was given for probate was only dated two weeks before Mr. Grupp died. The will was dated September 11, 1992. The executors who wear named in the will were Joan E. Maloney, Esq., and Eleanor G. Dunn. There was an older will filed with the court that was dated July 9, 1992. Interested parties had examined the witnesses to the will.

The will dated September 11, 1992 sets up the $300,000 trust for Ms. Nitterauer and places another $150,000 in trust for her sons. Aside from that she gets personal effects and the testator’s house. From what Brooklyn Probate Lawyers gathered, the remaining part of the estate of the deceased goes to the Manufacturers and Traders Trust Company as trustee for the Buffalo Foundation to be held as a perpetual charitable fund in memory of Mrs. Grupp and her late husband. Nine charities are assigned as income beneficiaries of fund assets in various percentages totaling 95% of net income, with the recipients of the remaining 5% to be selected by the Foundation. If the foundation fails to qualify as a charity or any of the other named organizations then the trustee will select from qualifying charities.

A terrorem clause was also in this will. That if anyone contests the probate or any part of the will, their interest will be forfeited, and it will be treated like that person died before the testator.