Probate & Estate Litigation

Published on: November 27, 2012

Court Makes Determination Where Multiple Wills Involved

by Stephen Bilkis

This is a case being heard in the Supreme Court, Special Term, in Queens County Part I. The case before the court is a motion made by the defendant for an order to dismiss the complaint and each of the causes of action against them on the ground that the court does not have jurisdiction over the subject matter and that the complaint does not state facts that are sufficient to support a cause of action.

Case Background

A New York Probate Lawyer the plaintiff’s mother and the defendant are the children and only survivors of the decedent who passed away as a resident of Queens County. The plaintiff is the assignee of her mother who lives in Italy. During her life the decedent owned a piece of real property located in Corona.

Published on: November 26, 2012

Court Makes Ruling When Original Will Missing

by Stephen Bilkis

This is a matter dealing with a last will and testament. The case is being heard in the Surrogate’s Court of Queens County. The decedent passed away on the 17th of March, 1956. The decedent was survived by four adult children. A copy of a will was found among her affects and is alleged to be written by the decedent on the 26th of July, 1938.

The will that was found left the amount of $200 to a priest for the masses to be performed for her and her deceased husband. The rest of the estate was to be divided between the four children.

Probate Proceeding

Published on: November 24, 2012

Court Looks at Proper Jurisdiction for Estate Administration Issue

by Stephen Bilkis

The case is being heard in the Surrogates Court of New York County. The motion before the court is made on behalf of the widow and minor child of the testator to dismiss the petition for probate in the interest of justice on the ground that a French forum would be convenient and a New York probate would be inconvenient.

In the petition for probate it is stated that the assets of the estate are between $200,000 and $300,000. However, during oral argument for the estate the estate is said to be worth between one and two million dollars.

Case Discussion

Published on: November 24, 2012

Public Administrator Files Petition for the Temporary Letters of Administration

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 petitioner and appellant in the case is appealing an order made by the Surrogates Court of Queens County. This order was dated the 17th of April, 2008 and granted a petition and ordered temporary letters of administration for the estate of the decedent to the Public Administrator of Queens County.

Case Background

Published on: November 23, 2012

Petitioner Claims Will Signed Under Undue Influence

by Stephen Bilkis

This is a matter dealing with the probate of an estate. The case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York.

The petitioner is appealing an order that was made in the Surrogates Court of Queens County. The order was issued on the 29th of April, 1986 and denied probate of the purported will on the ground of undue influence and fraud.

Case Background

Published on: November 22, 2012

Court Looks at the Intent of the Decedent

by Stephen Bilkis

This is a petition for probate of the will of the decedent. The decedent died as a resident of Richmond County on the 19th of September, 1901 and left a last will and testament that was admitted to the courts on the 10th of October, 1902.

Background

The petition for probate sets forth that the next of kin are his widow, a son, and two daughters. A granddaughter is now seeking construction of paragraph five of the will that directs the executrix of the will to sell the farm located in Springfield in Queens County, New York. A New York Probate Lawyer said the proceeds from the sale are to be paid in the sum of $500 each for his daughters and the rest of the proceeds are to be invested and the rents, issues and profits are to be divided between his daughters in equal shares. Upon the passing of my daughters the sum invested shall be divided among their children. If they leave no issue of them surviving, then my son’s children as may be living shall receive the sum.

Published on: November 21, 2012

Defendant Contends Court Lacks Personal Jurisdiction

by Stephen Bilkis

This case is being heard in the Supreme Court of Nassau County. The action before the court is a case of accounting in regard to an estate. The decedent passed away on the 20th of September, 2000. A New York Probate Lawyer said at the time of her death she was a partner defendant in two cases involving property located in Queens. The plaintiff is also a partner in these cases.

Case Background

The will left by the decedent provides that the plaintiff and another individual would each receive a third of a share of her residuary estate. The remaining third of the estate was to be placed in a trust for the benefit of another.

Published on: November 20, 2012

Court Decides Probate Jurisdiction Issue

by Stephen Bilkis

This is a case being heard in the Supreme Court of Queens County. The defendants in this case have moved for an order to vacate their default and to grant them leave to serve an answer in regard to the matter.

Case Background

A New York Probate Lawyer said the plaintiffs in this case made a down payment on a real property located at 159-8 132nd Avenue, in Springfield Gardens, New York in the amount of $15,000. They paid the amount to the seller’s attorney and it was held in escrow. The plaintiffs allege that they obtained a mortgage commitment, a title report, and had the property both surveyed and inspected and then requested that a closing be scheduled. The plaintiffs were then informed that the seller had passed away and therefore the closing could not take place.

Published on: November 19, 2012

Defendanat Seeks Declaratory Judgment to Quiet Title

by Stephen Bilkis

The plaintiffs have started this action seeking a declaration that they are the rightful owners of a premise. They further seek a declaration that they gained the title of the premise by an adverse possession and they permanently enjoin the defendant from evicting them from the premises. A temporary restraining order was issued by this court enjoining the defendant from proceeding with their previous holdover proceeding pending a hearing in this matter.

Plaintiffs Argument

A New York Probate Lawyer said to support their case the plaintiffs submit an affidavit that contains the following allegations: all of the alleged property was bequeathed to the plaintiffs and the plaintiffs have lived at the subject premises for more than 40 years. They have paid all of the taxes for the property, as well as all other charges as well as the insurance for the premises.

Published on: November 18, 2012

Court Analyzes Format of the Will

by Stephen Bilkis

This is a case being heard in the Surrogate’s Court of Queens County. The matter involves the executor of a will who is requesting that the court construe the instrument, particularly the first paragraph in order to determine what is to be charged to the legacy that he receives under it.

Court Discussion

The paragraph that is being question reads, “After my lawful debts are paid I bequeath the sum of $10,000 to the executor. A New York Probate Lawyer said that out of this sum he is to pay my funeral expenses and other lawful debts and pay for the perpetual care for my grave and the grave of my late husband.”