New York Probate and Estate Administration Lawyer Blog

Published on: February 14, 2012

Court Rules on Case with Multiple Wills

by Stephen Bilkis

The issues being raised in this estate case have two aspects. One issue talks about the objection of probate on the last will and testament of the deceased. Another issue raised on the case was whether the main executor of the will had the right to request for discovery proceeding concerning the property owned by another party.

Before the writer of the will and testament passed away, he drafted an instrument which states that all his property should go to his niece. The niece named on the will becomes in effect the executor of the will.

A few months after the drafting of the first instrument, the decedent had allegedly turned over a deed of one of his real properties to another party other than his niece by marriage. However on the same day, the decedent drafted an instrument and identified it as his last will and testament. According to that instrument, it would revoke or reverse all wills drafted prior to the recent one. This includes the first draft that named his niece the sole executor of his estate.

Published on: February 13, 2012

Court Decision on Complex Probate Matter

by Stephen Bilkis

The appellants of a probate case have filed for an objection against the original ruling of probate by the court. The court did not accept the objections of the appellants.

According to the objections of the appellants, they asserted that the surrogate court should have used its authority to decide on the matter of estate’s original probate due to the fact that another court already had previous jurisdiction over it. The appellants further argue that the original order for probate had already been settled in a foreign country. Such foreign proceeding was concluded by the court as possibly replicated in the city.

The decedent’s will was executed in the city in which the decedent, also known as the testator, has lived. That will and testament revokes all the previous wills that have been written by the testator. The will contains instructions on the funeral expenses and debt payments. The remaining assets after the previous expenses are deducted shall be awarded to the former wife of the testator and another party. The male respondent of this court proceeding was identified as the executor of the will.

Published on: February 13, 2012

Court Rules on Complex Probate Matter

by Stephen Bilkis

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.

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.

Published on: February 12, 2012

Court Rules of Letters of Administration Issue

by Stephen Bilkis

The following estate litigation was filed by the proponent. The proponent in this case is one of the three daughters of the testator. In her petition, she wanted to revoke the administration letters that were given to her sister. Because of this incident, the two sisters of the proponent had filed a motion against the proponent in to prevent her from submitting the testator’s will for probate.

The mother and now the deceased had resided in another country. One of the daughters of the deceased had requested letters of administration. In her petition, the sister had asserted that her mother was named as the distributee of the property of the proponent’s brother. According to a New York Probate Lawyer, the petition also indicated that the bank handling the estate administration did not perform its duty to distribute the proceeds of the estate to the others.

The two sisters gave consent to the appointment of their brother. The letters of administration were sent to the petitioner while the other sister defaulted since she was not in the city during that time. But she did receive the letter.

Published on: February 12, 2012

Court Rules on Probate Case

by Stephen Bilkis

A rich man died leaving several properties in Central America and two States in the U.S. Almost two and one-half years later, a petition was filed in the court of a U.S. State by the Country of the deceased man for the order which is alleged to have been destroyed after the man’s death. That petition contains the further allegation that the man was, at the time of his death, a resident of the Country from Central America. The petition was amended in which the petitioner set forth transactions and proceedings with U.S. State Tax Commission wherein the petitioner was advised of the Commission’s disagreement that the man had been a resident of the U.S. State. According to a New York Probate Lawyer, the petition was thereupon amended to read that the man, at the time of his death, was either a resident of the U.S. State or a resident of the Country from Central America.

The petition against the U.S. State was to dismiss their petition for the probate of the will on the grounds that the involved U.S. State court has no jurisdiction to entertain the proceeding and if it has jurisdiction, that it should decline, in its discretion, to exercise it. The Petitioner Country requests a hearing on the matter of the deceased person’s residence and the location of his property.

Tax Law requires that in every proceeding for original letters appointed by in the estate of a non-resident deceased person, the State Tax Commission must be cited as a necessary party. The section contains other provisions to protect the State’s interest with respect to the collection of any tax that might be payable. The petition herein having been amended so as to leave open the question of the man’s residence, the State Tax Commission is taking no active part in the process of the proceeding. It is obvious, therefore, that the amendment of the petition represents not so much a change of mind on petitioner’s part but rather an effort to avoid at this time unnecessary legal action.

Published on: February 11, 2012

Court Rules on an Estate Litigation Matter

by Stephen Bilkis

This is a case filed by William Power Maloney against the estate of E. Townsend Irvin and against other people including the widow and other beneficiaries of the estate. It was determined in a report sent to a New York Probate Lawyer that Maloney served as counsel of lawyer for one of the beneficiaries, J. Gordon Douglas, who was also later named as executor of the estate. Much was discussed about this case because there were also other people involved in the estate like the Woodbury family.

Maloney was asking for the settlement of his legal fees because of the services he rendered to his client, J. Gordon Douglas. He was asking the court grants his petition and that he be paid for his services and that the payment should come from the Irvin estate. At that time, Maloney was asking to be paid the sum of $16,000 for his estate litigation services. It was questioned by the court and by the other beneficiaries why such an amount be paid to him from the Irvin estate when in fact, according to them Maloney did not perform or rendered any services for the deceased or his estate.

Because of the longstanding arguments of the widow and the Woodbury family along with J. Gordon Douglas, the proceedings regarding the estate has taken so long already. Douglas, according to Maloney approached him and said that unless there is a compromised agreement between the widow and the Woodbury family, the trial could probably take longer than necessary. Maloney said that he worked with the disputing parties to come up with a settlement. According to him, the sum of $25,000 was agreed upon by the disputing parties that finally ended their objections and disputes. But it unknown to both parties that Maloney was working for them and the estate. They were under that impression that Maloney represented Douglas who was at that time was not yet named as executor of the estate.

Published on: February 11, 2012

In a work-related accident, the decedent suffered permanent substantial disability

by Stephen Bilkis

In a work-related accident, the decedent suffered permanent substantial disability in October 1973. An employer’s workers’ compensation insurance carrier was instructed to pay disability benefits to him. The defendant had pre-existing diabetes so the carrier applied and was give reimbursement from the Special Disability Fund pursuant to Workers’ Compensation Law. When the decedent died on January 7, 1982, his widow filed to claim death benefits because she alleged that the injury sustained in October 1973 was an underlying factor in her husband’s death. New York Probate Lawyers said that in compliance with the Workers’ Compensation Law the carrier converted the claim and applied for reimbursement from the Fund. There was a hearing with before an Administrative Law Judge and the application of the wife for death benefits was granted. The carrier did not ask for a review of the Workers’ Compensation Board about the connection of the injury to the death.

There was a later hearing for the carrier’s application for reimbursement from the Fund. The fund asked the Administrative Law Judge not to make a ruling until they could get a review from the Workers’ Compensation Board if the wife’s claim was compensable. The request was denied and the request of the carrier for settlement was granted. The fund appealed to the Board stating the wife would have not been awarded benefits because the death was not related to the injury sustained in October 1973. The Board’s decision was that the fund lacked standing to raise the issue.

When the case was already with the Appellate Court, the court said they agreed with the Board that reversing the decision will allow the Fund to reopen the primary issues related to the compensability of an injured or deceased employee’s claim. The Fund’s stand is the causal relationship between the death and the work-related accident. The legal idea of the Workers’ Compensation Law is to hire employers to hire permanently handicapped people. This is because of the reimbursement they are offered if they compensation to a work-related accident. The court said the representative of the fund only has standing in the proceedings when the employer claims for such compensations are being heard not when there is a claim from the employer. The conspiracy of an employee and employer is averted with the employer not being able to get reimbursement for the first two years of benefits, commented Westchester County Probate Lawyers.

Published on: February 10, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

According to a New York Probate Lawyer, this is a case about the estate of Bertha Weil Fitzgerald. Reports that reached his office said that the estate was left to a number of charitable institutions and couple of churches according to her will. These charities and churches are Catholic Charities of the Archdiocese of New York, National Society for Prevention of Blindness, Inc., The Fresh Air Fund, First National City Bank as Committee of the Property of Paul S. Ames, Jr., Society for the Prevention of Cruelty to Children, Archbishopric of New York and for Terence Cardinal Cooke, The Salvation Army, Heart Fund, American Cancer Society Inc., and the New York Hospital-Cornell Medical Center.

According to the Will that was executed in 1970, all of these charities and churches shall receive each an amount of $50,000. The Fitzgerald Estate was valued at $2 million. The remainder of the estate shall be given to the Archbishopric of New York. However, Bertha Weil Fitzgerald had a 41 year old son who was legally entitled to the estate of his deceased mother. It was also said on the Will that Bertha did not intend to leave any amount or any part of her estate to her son, who was also invalid and incompetent. The son according to reports had been institutionalized since childhood and therefore was under no condition to care for himself much less to her mother’s estate. It was also noted that the grandmother, Bertha’s mother already left half a million dollars to her grandson when she passed away some years back.

This case was filed by the trust company of Bertha’s son claiming that the son, under their representation did not receive any notice about the Will of Bertha. They claim that the son was not able to file an objection to his mother’s last will and testament and that it was right to do so. It was also noted that by law an incompetent spouse or in this case a son can file for an objection if he or she was left with a sum leas than or not equal to the sum that were left to other beneficiaries in this churches and charitable institutions. It is also what is known as a case of excessive or too much charity.

Published on: February 10, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

The matter of Max Zurkow’s estate, his daughter had filed a motion for the court to wait on admission of a decision regarding the probate of the last will and testament. She also asked for a time extension to file objections and time to be able to examine the proponent and for an interpretation of the effect of the terrorem clause or no-contest clause that is included in the will.

On the return day of the hearing for the original matter, the daughter showed and the proponent was directed to change the petition because the adoptive daughter of Mr. Zurkow’s predeceased son was not mentioned. Another data that a New York Probate Lawyer obtained was the daughter was not served with the supplemental citation and is claiming she only received a day’s notice that a decree on the admission of the will to probate is going to be presented to the court. The daughter got an immediate order to show cause to wait in making a decision on the decree.

The daughter had checked witnesses who are verifying the proposed will and now wants to examine the proponent of the will. Her allegation was that the son of the testator, who is also an attorney at law, acted as the decedent’s attorney, and the will being executed in his office. Further, she is claiming that the provisions of the will were altered to assign other benefits to the proponent and his family at her expense. A Queens Estate Lawyer cited that the daughter was as well saying that her father was 80 years old at the execution of the will and was relying on other for his physical needs.

Published on: February 9, 2012

Court Rules on a Will Contest Matter

by Stephen Bilkis

This is a case regarding the Estate of Julia Eckart and the claims of her children regarding each of their shares in the inheritance. According to reports given to a New York Probate Lawyer, the children of the deceased filed a case against the last will and testament of their mother because of the insufficiency of their inherited amount against that of which will go to other people, entities and charities.

Unbelievably, according to Brooklyn Probate Lawyers, Julia Eckart left each of her children the amount of $50 each. According to her will, she also left no other cash or property to the rest of her surviving relatives. That is why the surviving children, Charlotte Anna Eckart, Frank Darmody and Frank Darmody filed a case in court that says that their mother made an excessive contribution to charity and that they were left with nothing except for the $50 each that were provided to them by her last will and testament. The rest of Julia Eckart’s estate, including her real and personal property have been assigned to the Watch Tower Bible and Tract Society of Pennsylvania, which is a non-profit corporation in Brooklyn, New York.

Reports that reached Bronx Probate Lawyers, the court thoroughly examined the case according to the petition filed by the children. There was also a similar case before when a grandson was expressly disinherited on the will that was left by his grandfather. This was the Cairo case which was a long and hardly fought battle in court which now became a source of other similar cases as well. But according to the court, there should be two elements present in a case before it can be ruled as excessive charity. First, there should really be the intension to give too much of her estate to charity. Second, there is the intention to disinherit immediate family members like the spouse or children by the one executing the last Will and testament.