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Court Determines Which Will to Submit to Probate


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.

A New York Probate Lawyer said 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.
The first in will in question contained provisions that the testator’s tangible assets be awarded to his wife. His older sons were also named as the executors of that will. The other testament in question allegedly contained specifications that the personal assets and residences of the testator will be given to his wife. This particular will have named the wife as the trustee and executor. The two sons in this will were named as the alternate executors and trustees.

The court has reviewed the background of the testator. The decedent in this case was tax lawyer. His law career was spent mostly with a corporation whom he has shares of common stock. If the first will questioned above will be accepted by the court on probate, the widow of the testator will not get anything since the stocks belong to the sons. If the probate will be accepted on the second will, the wife will receive her share of the proceeds. There will be no need to pay for estate tax. Bronx Probate Lawyers said in the second will, the wife will get her share of the trust.

The court is tasked to decide on whether to allow the second will to be admitted for probate when it doesn’t find anything wrong with the first will. The petitioners in this case have cited a prior case concerning a remedy given by the court. Brooklyn Probate Lawyers said in that previous case, the court had allowed the parties to abandon a proceeding concerning the matter of probate for a second instrument. The court also accepted to probate the first instrument in that case.

Back to the current case, the guardian has asserted the probate of the second instrument since this will be in the best interest of the mother and wife of the testator. If the first will is subjected to probate, the estate will be taxable.

Based on the report of the guardian, the court gave authority to the guardian to consent to the probate of the second will in behalf of the wife with dementia. When the guardian has submitted their consent, the second testament will be subjected to probate.

Regarding the fee of the guardian, the court is responsible for the approval of legal expenses to be charged to the property. The court also has the discretion to decide on a reasonable amount as payment of fees.

The court will evaluate the legal expenses of the guardian based on different criteria. The court will have to consider the complexity of the arguments, the time spent in preparing the case, the reputation of the lawyer and experience. In order to arrive at the best possible amount, the court will have to decide and balance its decision by evaluating all the factors involved.
The guardian had presented the amount to be paid as legal fees. The court has agreed to this amount since the guardian has meets the criteria.

A New York Probate Lawyer can assist you in preparing your estate litigation. Contact the offices of Stephen Bilkis & Associates for a consultation. A New York Estate Attorney is reliable and trustworthy when it comes to legal representation.

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