Wills

Published on: March 11, 2012

Court Rules on Will Contest Between Close Friends

by Stephen Bilkis

This is a will contest involving not relatives but unrelated parties. The case stemmed from the will submitted for probate. The will that was executed by the decedent gave a very substantial amount to an alleged very close friend. Prior to this, several wills were also executed by the decedent and each time, the share of that special friend grew bigger in the will. The decedent came from a wealthy family and inherited a lot of money and businesses together with his two brothers. The business that they inherited was managed by his brother while the decedent did not want to venture in business and just enjoyed the share that he has in the family business managed by his brother. The other brother of the decedent was an invalid and therefore could not join in the management of the business and also relied on the other brother for the management of the affairs of the said business.

While alive, the decedent found a person who became his very close friend and confidant. They lived together, toured together, lived a lavish lifestyle together all at the expense of the decedent. Several business ventures were started at the behest of the special friend using the money of the decedent but none of the said business made money. During the course of the lifetime of the decedent when they were together, the special friend controlled the affairs of the decedent and made decisions apparently with the permission of the decedent.

A New York Probate Lawyer said the special friend during this time tried to be close to the family of the decedent with the brother in particular who manages the business but to no avail. He was not able to earn the good graces of the brothers of the decedent and this disappointed him as evidenced by letters that he made to the decedent and presented to the court during the proceedings.

Published on: March 11, 2012

Court Decides Will Contest Between Siblings

by Stephen Bilkis

A 91 year old man died in a nursing home in Westchester County on December 10, 2003. He was survived by his three children: a daughter and two sons. His will provided that his real property in Suffolk County be devised to his daughter; he bequeathed the amount of $50,000 to his youngest son and lastly he bequeathed his residuary estate and personal properties to all his children in equal shares. He also provided that his bank accounts which were held jointly by the 91 year old man and his children shall form part of the estate assets and shall not pass to his surviving co-depositor.

The will was executed before the testator’s long-time lawyer and his office assistant. Both the lawyer and his office assistant were attesting witnesses to the will.

In 2004, the eldest son objected to the probate of his father’s will on the ground that the will was procured by his sister with fraud and undue influence on their father. He also testified that the letters testamentary issued to his sister be revoked as she had caused around $300,000 to be withdrawn from their father’s account and transferred to her own personal account.

Published on: March 11, 2012

Court Determines if Bequest to Lawyer is Allowable

by Stephen Bilkis

An old bachelor in New York died. In his will, he named eleven cousins of his as his distributees. As he had no children of his own, he bequeathed his entire estate to his tax lawyer. The tax lawyer was a resident of New York but he had relocated to the state of Georgia.

Prior to leaving New York, he had been doing the taxes for the old bachelor and they had cultivated a friendship. This friendship lasted for forty years. Even when the tax lawyer was already living in Georgia, he still did the taxes for the New York bachelor and kept in touch with him.

The tax lawyer testified that his friend and client called him up in Georgia to inform him that he was leaving his entire estate to him. The tax lawyer then advised his friend to find a lawyer who will draft the will for him. The old New York bachelor found a lawyer in New York who drafted the will for him. This lawyer has also died. A New York Probate Lawyer reported that the tax lawyer testified that he did not recommend the lawyer to his friend and that he did not personally know the lawyer who drafted the will nor has he had professional dealings with the lawyer who drafted his friend’s will.

Published on: March 10, 2012

Court Rules on Will involving Same Sex Marriage

by Stephen Bilkis

A man married his same-sex partner in Canada in June 2008. He then executed a last will and testament two months later on August 12, 2008. In that will, he made three bequests to his three brothers and he also made a bequest to his goddaughter. He left the residue of his estate to his same-sex partner. He named his same-sex spouse as the executor of his estate.

In December 2008, the testator died. His same-sex spouse, who was also named executor of his will filed the petition for probate of his deceased spouse’s will. He served the three brothers and the goddaughter with notice of probate. In his petition, he claimed that he is the surviving spouse of the testator and the sole distribute.

Three days after filing the petition for probate, the Surrogate’s Court of New York granted the petition for probate without issuing citations.

Published on: March 10, 2012

Court Decides Jurisdiction Issue in Will Contest

by Stephen Bilkis

A citizen of the United States had been residing in Mexico City. She had substantial properties in New York and in Mexico. In May 1965, she executed a will in New York disposing of all her properties wherever they may be found. She also provided that it is her intention that her will be probated in New York and that he estate by conducted under the jurisdiction of the State of New York. The residuary estate was bequeathed share and share alike to two friends in Brooklyn and in Texas. The will also stated that all taxes and penalties which the executor shall be required to pay should be paid out of her residuary estate without apportionment.

Eight months after the testator executed her New York will she executed a notarial will in Mexico in January 1966. And then in August 1966, she executed a second notarial will in Mexico.

The first will in Mexico provided for general legacies expressed in Mexican pesos and then she instituted as her sole heirs, three residents of Mexico City who all get one-third share in her estate after deducting the legacies. The second will in Mexico was a codicil. It revoked one general legacy. A New York Probate Lawyer said the naming of the three sole heirs was changed: only one was sole heir, the rest were heirs in equal parts. Both Mexican wills were silent about the New York properties and both were silent about the liability of the properties in Mexico to answer for estate taxes in the US.

Published on: March 9, 2012

Authenticity of Will Questioned

by Stephen Bilkis

A postal worker had written and signed his will and testament. Two competent witnesses attested the document. He named his niece by marriage the only heir of his estate. The will was brought to an estate litigation court for probate.

One of his relatives by blood objected the will on reasons that the will was done without comprehending what the meaning of his words in the will was. In denoting his niece by mother, he was without any distinction of the exact piece of possession to be transferred to her.

The Estate Administration courts nominated his wife’s niece as the person who will receive his properties subject of the will.

Published on: March 9, 2012

Court Decides Will Jurisdiction Issue

by Stephen Bilkis

An 89-year old woman had retired and had been living in Florida. But, she executed a will in New York in front of witnesses who were from New York. Seven months after executing her will, she died in New York and was buried in New York.

The will contained about 50 legacies and the establishment of several trusts. Although the will was executed in New York, it was drafted by a lawyer from Florida. The will named four executors: one of her sons who lives in Arizona, her accountant who lives in Florida, a niece by marriage who lives in New York and the son of the niece who lives in New Hampshire. A New York Probate Lawyer said the will did not specifically include her desire to have her will probated or her estate administered in New York or under its laws.

The estate of the testator consisted of 100% ownership in a corporation in New York and her residence (house and lot) in Westchester County. Her estate is valued at $28,000,000.

Published on: March 8, 2012

Court Decides Trust Income Issue

by Stephen Bilkis

An uncle who lived in Connecticut died in March 1936 and in his will which was probated in Connecticut he created a trust for his nephew who lived in New York. The uncle deposited a certain amount of money with a bank. From this trust account, the bank will pay one-third of the income or interest earned by the trust fund to the nephew until he died.

The uncle’s will provided that the trust agreement between his estate and the trustee bank gives the trustee bank the right to pay itself a commission each time it makes a payment of income to the nephew.

The trustee bank made several payments of interest income from the trust fund to the nephew over the years. But several times, it had made payments of income without reserving a small amount corresponding to its commissions.

Published on: March 7, 2012

Court Determines Authenticity of Will

by Stephen Bilkis

Testator in his lifetime had written a will and testament. Upon his death, nine loved ones who he intended to divide his assets to them outlived him. In the instrument, he named his wife and eight children as heirs of his bounty. The instrument was brought to court for litigation. Estate litigation lawyers represented all parties. It was the surviving spouse who brought the will to court for probate proceeding. Attorneys acting in lieu of decedents children questioned the contested will. They alleged failure of the wife to prove due execution and genuineness of the will. The contents of the instrument displayed fraud, intentional representation of material existing fact, and an outside pressure was used which negate the free will of the testator so that the maker of the will lack the necessary mental capacity in making said instrument valid.

Witnesses to the will in favor of the children testified, that in their control were duplicates of the will and testament. The said instrument was attested in the presence of eligible witnesses and their estate lawyers. They testified that the instrument under which they safe kept was an identical copy of the original will made by the decedent. The instrument then was submitted for examination and was granted by the probate court.

New York Probate Lawyer said the eight children of the decedent, represented by their estate lawyers then filed a motion for summary judgment before the estate administration courts wherein they seek an order denying probate of the supposed last will and testaments submitted by the wife. In support of the motion, affirmations from other witnesses were also forwarded to estate litigation courts such as additional memorandum of law and reply memorandum.

Published on: March 7, 2012

Court Decide Status of Guarden ad Litem

by Stephen Bilkis

The probate courts have reviewed an agreement between parties regarding settlement of estates, which was skillfully done by a highly trained court appointee to take care the personal and property interest of one of decedent’s sister who was sick.

Decedent had written a will. In his will, he named his heirs and also named his properties to be freely disposed. He had four siblings still leaving that will receive his bounty and become his beneficiaries to enjoy the continues use, possession and enjoyment of his estate.

The instrument has given all of decedent’s property to his sisters in three equal shares, two of which pass to decedent’s sisters. The will directed that the third equal share be paid over to decedent’s niece. The sick sister rejected this, because as decedent’s sister she had to her share from her brother’s estate. A New York Probate Lawyer said when the formal application was presented to institute an appeal regarding the share of decedent’s surviving sick sister, the court have taken its course.