Probate & Estate Litigation

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: October 6, 2012

Petitioner Claims Will was Not Properly Executed

by Stephen Bilkis

This is a case being heard in the Surrogate’s Court of the State of New York located in Nassau County. The case deals with the last will and testament of Zelda Astor. The will is being contested by objectant Regina Astor Zyats who moves for an order of summary judgment and denying the admission of the purported will that is dated the 17th of June, 2005 to probate on the ground that there is lack of due execution of the will. Ms. Zyats also seeks to have the letters testamentary that were issued to Paula Sue Astor – Ferraro revoked. The petitioner, Ms. Ferraro, opposes the motion.

Case Background

The decedent, Zelda Astor, passed away in July of 2005. She left a will that is dated the 17th of June, 2005. The decedent is survived by four children, Jeffrey Howard Astor, Stephen Brent Astor, Regina Astor Zyats, and Paula Sue Astor – Ferraro. In the purported will the decedent makes bequests of case in the amount of $5000 to Regina, $10,000 to Jeffrey, $25,000 to Stephen, $25,000 to her grandson Baron Zyats, $5000 to her granddaughter Rachel Zyats, and $5000 to her former daughter in law, Pamela Astor. A New York Probate Lawyer said the will nominates Paula as the executor of the will. Additionally, in the eighth article of the will the decedent bequeaths her entire residuary estate to Paula.

Published on: October 5, 2012

Plaintiff Moves for a Preliminary Injunction

by Stephen Bilkis

This case involves Joanne Cornell May as the plaintiff and Craig May as the defendant. The case is being heard in the Supreme Court of the State of New York in Suffolk County. This action made by the plaintiff started with the filing of a verified complaint made around the 24th of September in 2007. The plaintiff is seeking to recover possession and occupancy of a property located on Old Town Road in Setauket, New York. The defendant in the case is the son of the plaintiff’s husband, John May, who passed away in September of 2007. A New York Probate Lawyer said that there are nine causes of action set forth in this particular case.

Case Background

In this case the nine causes of action include ejectment, recovery of value of use and occupancy of the subject premises, treble damages, conversion, intentional infliction of emotional distress, tort, fraud, conversion, and unjust enrichment (estate litigation). The plaintiff is seeking a permanent injunction that enjoins that defendants use of the subject premises and money for damages.

Published on: October 3, 2012

Plaintiff Seeks to Set Aside Property Transfer

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 appellant in the case is John Oggioni. The respondents in the case are Ellen Oggioni, et al. The plaintiff is appealing an order to set aside a deed on the ground of fraud. The original order was made by the Suffolk County Supreme Court and was dated the 9th of January, 2006. The order granted a cross motion made by the defendant that dismissed the complaint as time barred and denied the plaintiff’s motion for a joining trial of this action with another proceeding of an entitled probate proceeding of the will of Frank Oggioni pending the decision made in the Surrogate Court of Suffolk County.

Case Background

At some time in 1995, the plaintiff and his father, Frank Oggioni, became estranged. On the 30th of December, 1996, the father executed a will that left his property, both real and personal and mixed to his daughters, the defendants Ellen and Florence Oggioni in equal shares. There was not testamentary disposition made to the plaintiff.

Published on: October 2, 2012

Beneficiaries Bring Will Contest Action

by Stephen Bilkis

This is a probate proceeding involving the estate of Alexander MacLeman, deceased. The case is being heard in the Surrogate’s Court of the City of New York located in Westchester County. The probate of the estate is being contested in this case. Karen MacLeman Morgese, who is one of the three children of the decedent and a nominated co-executor of the will, has offered the will for probate. Karen’s two brothers, John and William MacLeman have each filed objections to the probate.

Case Background

The decedent passed away on the 10th of December, 2003. He was 91 years old at the time and living in an assisted living facility located in Ossining in Westchester County, New York. The decedents will, gave the real property located in Amagansett, Suffolk County to his daughter Karen. The will bequeathed $50,000 to William to equalize loans he had made to his other children. A New York Probate Lawyer said the loans of the other children were forgiven in the will. The personal property and residuary estate were given to all three children in equal parts. A further provision in the will stated that any checking accounts, savings accounts, certificates of deposit, etc. that he held jointly with any of the children at the time he passed would be estate assets and not provided to the surviving joint tenant of the assets.

Published on: October 1, 2012

Court Reviews Alleged Fraudulent Acts by Fiduciaries

by Stephen Bilkis

This is a case being heard in the Surrogate’s Court of Suffolk County. The case involves the will of Madeleine Daltrolff Corya, who is deceased. The case is an accounting proceeding where the co-petitioners, the attorney – draftsman and the Bankers Trust Company have requested that the court fix and determine the fee and disbursements of the attorney’s law firm in the amount of $250,000 and to fix and allow the combined commissions for the total amount of $1,634,230.40. The counsel has requested a hearing be held in respect to this application for fees and disbursements.

Case Background

The decedent passed away in April of 1987 and is survived by a grand nephew. The decedent bequeathed her entire estate, which amounted to approximately $46 million at the time she passed away, to two charitable organizations, the American Cancer Society and Memorial Hospital for Cancer and Allied Diseases of New York. Her attorney, John J. Barrett and the Bankers Trust Company of New York were named as executors of the will.

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.

Published on: September 28, 2012

Court Hears Action for Specific Performance

by Stephen Bilkis

This matter deals with Angelo Licata who is deceased. The appellant of the case is Annette Chessare and the respondents in the case are Cecilia Licata, et al. The case is being heard in the Second Judicial Department, Appellate Division, of the Supreme Court of the State of New York.

According to a New York Probate Lawyer, a probate proceeding was held and an action for specific performance of a contract to sell real property was transferred from the Supreme Court of Suffolk County to the Surrogate’s Court of Suffolk County. The appellant, Annette Chessare is appealing the order from the Surrogates Court dated the fifth of February, 2009 that denied her motion for summary judgment on the complaint made in the action for specific performance and an order from the same court made on the 25th of September, 2009 upon re-argument that adhered to the original decision that was previously made on the fifth of February, 2009.

Court Discussion and Decision

Published on: September 27, 2012

Plaintiff Requests an Accounting

by Stephen Bilkis

This case involves Richard P. Booth as the administrator for the Estate of Donald W. Booth Sr. as the plaintiff. The defendant in the case is the Ameriquest Mortgage Company. The Supreme Court of the State of New York in Suffolk County is hearing the case.

A New York Probate Lawyer said the plaintiff, Richard P. Booth is seeking a judgment to set aside and declare a leasehold mortgage given by the defendant, Ameriquest Mortgage Company to be null and void and to cancel and discharge the mortgage, and to direct the Clerk of Suffolk County to cancel and discharge the record of the mortgage.

Case Background