Westchester County

Published on: August 17, 2013

Court Suspends Letters of Testamentary

by Stephen Bilkis

A man died leaving a last will and was subsequently admitted to probate. The letters testamentary was issued to the deceased man’s youngest son. Still, the last will bequeath the man’s residuary estate equally to his three sons.

A New York Probate Lawyer said in the court suspended the letters testamentary and issued the new one to the deceased man’s middle son. In addition, the matter was scheduled for a hearing on the issue of removing the youngest son as the administrator.

Prior to the proceeding, the youngest son made a motion to disqualify his brother’s attorney. Then, the parties entered into a written condition resolving the various issues. A New York Will Lawyer said the stipulation provided that the deceased man’s middle son would withdraw his motion against his younger brother and for an accounting. On the other hand, the youngest child would withdraw his motion with regards to the law firm disqualification.

Published on: July 25, 2013

Court Rules in Will Contest Action

by Stephen Bilkis

A New York Probate Lawyer said this is an action pursuant to Article 15 of the Real Property Law to compel the determination of claims to certain real property located at Bronx, City of New York. The plaintiff seeks a decree that she is entitled to the title of said premise as against all of the defendants and every person claiming under them. She contends that she is the sole owner in fee of the property entitled to possession of the premises and that she has a good and marketable title acquired by adverse possession.

A Bronx County Probate attorney said that plaintiff acquired title by deed of conveyance from the adminstratrix of herein deceased. Plaintiff is now in possession of the property and occupies same. The defendant, the plaintiff’s grantor, acquired her title by deed of conveyance from her husband in March 1932. Defendant administratrix was in possession until the sale of the property to the plaintiff.

Decedent obtained title to these premises by virtue of a deed from Rosa Belle Christian, his first wife, dated January 16, 1931.

Published on: July 3, 2013

Court Discusses Public Policy Concerns Regarding Rent Stablization

by Stephen Bilkis

A New York Probate Lawyer said this is an action for breach of an illegal oral contract to issue plaintiff a rent-stabilized lease and lease renewals, in perpetuity. The complaint filed in April 2004 asserts a right to a renewal lease under a tenancy created by a purported 1992 verbal agreement with defendant landlord’s principal. Plaintiff allegedly paid $50,000 in consideration of “his understanding and agreement that he would have the right to remain in the apartment for as long as he cared to rent it,” in apparent disregard of whether the apartment was to be used as his primary residence. Defendant alleges that plaintiff maintains his primary residence in Florida.

A New York Estate Litigation Lawyer said that, defendant previously brought a holdover proceeding on non-primary residence grounds, which had been pending in Civil Court for two months when plaintiff commenced this action alleging breach of the parol agreement and seeking specific performance and monetary damages of $500,000. A New York Estate Litigation Lawyer said that, plaintiff’s first cause of action seeks specific performance and a permanent injunction against his eviction. The second and third causes of action allege breach of the 1992 oral agreement and seek monetary damages of $500,000 against defendants, respectively, for failing to offer plaintiff a renewal lease in January 2004 and for refusing to extend the term of the lease. The fourth cause of action seeks recovery of the $50,000 paid by plaintiff in 1992, asserting that such payment constitutes an illegal rent overcharge.

A Westchester County Probate Lawyer said that, in the pending Civil Court holdover proceeding to recover possession of the subject dwelling unit, defendant alleged that plaintiff does not use the premises as his primary residence and, apparently, never has. However denominated, the present action seeks to impose upon defendant the obligation to continue the statutory tenancy indefinitely. Because the right to lease renewal can be adjudicated in the Civil Court proceeding and because it is dispositive of the asserted breach of contract, the complaint was properly dismissed on the ground that there is another action pending.

Published on: June 1, 2013

Court Decides Reasonable Attorneys Fees for Estate Administration

by Stephen Bilkis

The Facts of the Case:

On 22 February 2004, a resident of Hicksville died with a will dated 6 November 2002, months after a guardian was appointed on her behalf under Mental Health Law Article 81. The decedent left all of her property, other than a $15,000.00 bequest to a corporation, to “A”, to the exclusion of her family members. The will named “X” as executor and after he offered the will for probate it was revealed that he had a felony record, making him ineligible to serve as a fiduciary. Thus, on 2 May 2005, “X” renounced his appointment. A New York Probate Lawyer said the nominated successor to the named executor had previously renounced her appointment as well.

On 4 May 2005, “A” petitioned the court for letters of administration, for estate administration (estate litigation). However, “A” also had a felony record and was ineligible to serve. Therefore, on 9 June 2005, the court appointed the Public Administrator of Nassau County as temporary administrator. The decedent’s distributees appeared and filed objections to the probate of the will, and notices of appearance were filed on behalf of “A”, the New York State Attorney General and the aforementioned corporation. On 22 November 2005, all of the interested parties entered into a stipulation of settlement. On 1 February 2006, the will, as reformed and restated by the settlement agreement, was admitted to probate, and full letters of administration, were issued to the Public Administrator. Under the terms of the stipulation, articles second and fifth of decedent’s will were reformed so that three of the decedent’s distributes will share in 2/3 of the decedent’s real property and her residuary estate; the remaining 1/3 will pass to “A”; that the decedent’s real property will pass to these parties in kind, so as not to be subject to a commission, and that the property would be sold and the proceeds held in an attorney’s escrow account; and that before any distributions are made to the interested parties from the escrow account, the sales proceeds will be used to pay the bequest to the aforesaid corporations, the commission of the Public Administrator, and all debts, fees and estate administration expenses of the estate.

Published on: January 24, 2013

Landlord Commences Nonpayment Summary Proceeding Against Tenants

by Stephen Bilkis

In a court proceeding, a complainant filed a motion to stay pending the determination of an appeal from an order of the civil court. New York Probate Lawyers said that upon the papers filed in support of the motion and the papers filed in opposition, the court consequently ordered that the motion is granted on condition that the appeal will be completed. The complainant however was directed to pay the opponent any and all arrears in rent and/or use and occupancy at the rate previously payable as rent within 10 days from the date of the decision. They also need to continue to pay the opponent’s use and occupancy at a like rate as it becomes due. The court further ordered that in the event that any of the above conditions are not met, the court, on its own motion, may vacate the stay, or the opponent may move to vacate the stay on three day’s notice.

In another case, another appeal was also filed from an order of the civil court. The order, insofar as appealed from, denied the branch of the tenants’ motion in seeking an award of attorney’s fees.

The landlord initiated the holdover proceeding after terminating the tenancy based upon the tenants’ failure to cease using the basement portion of the apartment as a living room. Based on records, the said usage had resulted in the issuance of a violation by the department of buildings. Thereafter, the parties entered into a condition, contained in which was an agreement that tenants had cured the breach to landlord’s satisfaction by moving their furniture and personal items, and the matter was marked off the calendar so that the department of buildings could re-inspect the basement.

Published on: December 15, 2012

Petitioners Request Withdrawl of Probate Petition and Move for Issuance of Letters of Administration

by Stephen Bilkis

The Facts of the Case:

On 26 October 2000, a decedent died with a Last Will and Testament dated 23 March 1995. Under the will, the decedent left her estate to her two sisters, A and B, or the survivor; named A as executor and B as successor. A predeceased the decedent without issue, thus, the entire estate passed to B.

Sometime in 2005, B petitioned for the appointment of a guardian of her property. The court, finding that B had a history of poor judgment with regard to her real and personal property management, appointed the petitioners, X, a niece, and Y, Esq., as guardians of B’s property. Consequently, in May of 2007, the judge authorized petitioners to petition to probate the 1995 will. By this time, the original could not be located and the petitioners petitioned to probate a copy of the 1995 will as a lost will. A New York Probate Lawyer said the affidavit of X stated that she located the copy among the decedent’s important papers after her death; that while the decedent must have had the original will, her house had been sold and the purchaser threw away all of her papers. The affirmation of Y also stated that after the decedent’s death, her home was taken over by a former handyman of B, who threw away all of the decedent’s papers. Allegedly, the instrument was prepared by an attorney, who supervised its execution and was a subscribing witness, and has filed an affirmation of due execution. However, the second subscribing witness cannot be located. Thus, the petitioners now move to withdraw their probate petition and ask that the Court issue letters of administration to them (for the purposes of estate administration in an estate litigation). They allege that they are unable to probate the instrument because of the unavailability of the second subscribing witness; and that the distributees have executed agreements waiving their intestate rights so as to mirror the testamentary plan set forth in the subject Last Will & Testament.

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 16, 2012

Appellant Brings Motion to Strike Affirmative Defense of Lack of Personal Jurisdiction

by Stephen Bilkis

This case is taking place in the New York Supreme Court.

Case Background

There are a series of four motions in this particular case. The first motion in this case was originally brought on by the order to show cause in the Queens County court and then transferred to this court. A New York Probate Lawyer said the action is brought forth on behalf of the plaintiff from the third action and requests the reversal of priority depositions made between the defendant and the plaintiff and to direct the defendant to appear for a deposition.

Published on: November 8, 2012

Appellants Contends Decedent Lacked Testamentary Capacity

by Stephen Bilkis

This is a case being heard in front of the Supreme Court of the State of New York, Appellate Division, and Second Judicial Department. The case is a contested probate proceeding. The objectant of the case is appealing a decree made by the Surrogates Court of Queens County. The decree granted the petitioners motion for summary judgment and dismissed the objections to probate based on undue influence and admitted the will for probate.

Case Background

The last will and testament of the decedent is dated the 18th of September, 2003. The decedent passed away on the 29th of July, 2007. The will left the entire estate to the proponent, who filed a petition for probate. The propounded will referred to the decedent’s daughter, the objectant of the case, and named her as the contingent beneficiary of the estate if the proponent predeceased the decedent. The objectant filed objectants to the probate of the will alleging that it was written by the testator executed this will under undue influence by the proponent.