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Court Rules on Will Contest between Brothers


A testator in her lifetime made a will. Her husband and three children outlived her. The will was brought to a probate court for legal procedure. Named in the instrument were the three adult children as co-executor with full power over the estate of the decedent. Not mentioned in the will was the name of her living disabled husband. After a thorough study of the contested will, the court found that the interest of the physically impaired husband needed to be taken care of. Thereby the court appointed a guardian ad litem to make necessary action to protect the interest of the ward.

The court appointee filed his report wherein he indicated that he had no objection to the will subject of probate proceeding. He mentioned in his report the unfriendly action of the three adult children of the decedent. He was hopeful that the best interest of the estate would be served by an appointment of an independent part to administer the estate under litigation.
One of the adult children did not object the contents of the recommendation. Suffolk County Probate Lawyers said the mentioned beneficiary son had been living in the decedent’s residence since the time of the testator’s death. He maintained the tear and wear of the dwelling place even if heat and electricity were brought to an untimely end. He believed that his action toward the care of the decedent’s dwelling should be recognized by the probate court and assigned him a letter testamentary as the suited fiduciary of his mother’s bounty.

An attorney has filed objections to the report of the guardian ad litem in which he asked the estate administration courts to speed up the probate proceeding and stopped the assignment of a person to whom testator’s property should be entrusted for the benefits of the heirs. He pointed out in his opposition that, the appointment of an independent fiduciary might only threaten the estate’s funds. He further asserted that he needed to file a contest in court to cause to cease the naming of an independent administrator.

A New York Probate Lawyer said that one of the siblings was removed from the court’s conference room by a court officer because of his extremely abusive and hostile manner directed toward his brothers and towards an officer of the court. However, he made a meaningful argument in opposition to the guardian ad litem’s request for permission to file a notice of lection on behalf of his ward.

The ward represented by the court’s appointee believed that an unfavorable money judgment against him needed to be paid out from the estate’s money. It was not allowed by the estate litigation courts and denied the recommendation of the guardian ad litem favoring husband of the decedent.

After thorough study and considerations of all facts and documents submitted to the estate litigation courts, the will was admitted to probate without the heirs’ objection. Courts recognized the fact that all three of the decedent’s son was generally to be given courteous respect yielding to the wishes of the testator, nevertheless, the court had the power to deny letters testamentary to one of the siblings who showed disrespect to his two brothers and even to those officers of the court. He needed to be reprimanded by not assigning him to do the office of an executor. His action would affect the proper and efficient administration of the estate subject of the litigation. Upon the will’s admission to probate, letters testamentary named one of the siblings the only executor of the decedent’s estate.

Long Island Probate Lawyers said that lthough the guardian ad litem action to defend the disabled husband was a failed, the Estate administration courts recognized the appointee’s substantial effort in trying to resolve the contested will in the interest of the ward. His compensation was fixed by the court to be paid by the estate of the decedent.

When the courts found out that the intention of the ward is to damage the estate of the true heirs, the same will the courts deny his cause.

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