New York Probate and Estate Administration Lawyer Blog

Published on: June 28, 2026

An Heir Lacks Standing to Object to a Will if They Benefit More Under the Will Than Through Intestacy. Matter of Kelman, 2023 NY Slip Op 50914(U) (Sur. Ct. Suffolk County Aug. 3, 2023)

by Stephen Bilkis

In New York probate proceedings, not every family member has the right to object to a will. A person must have standing, meaning that the person must show that probate of the will would negatively affect his or her financial interest in the estate. In Matter of Kelman, the Suffolk County Surrogate’s Court considered whether a son of the decedent could object to probate when he would receive more under the will than he would receive if there were no will. The court held that because the objectant was not financially harmed by the will, he lacked standing to object.

Background facts

May Kelman died on January 25, 2018. She was survived by three children, Robert Kelman, Peter Kelman, and Edith Kelman. She was also survived by three grandchildren who were the children of her predeceased son, Michael Kelman.

Published on: June 27, 2026

Attorney-in-Fact Must Return Large Mortgage Payments Made Without Proper Authority. Matter of Goldstein, 2022 NY Slip Op 50709(U) (Sur. Ct. Westchester County Aug. 4, 2022)

by Stephen Bilkis

When someone acts under a power of attorney, that person is a fiduciary. That means the agent must act for the principal’s benefit, keep accurate records, avoid self-dealing, and explain financial transactions when later called upon to account. In Matter of Goldstein, the Westchester County Surrogate’s Court considered contested accountings filed by a fiduciary who had served both as attorney-in-fact during the decedent’s lifetime and later as executor of her estate. The case involved large transfers, alleged gifts, reimbursements, questions about joint and beneficiary accounts, and whether the fiduciary should be surcharged.

Background facts

Gertrude Goldstein was widowed and lived alone in her Mount Kisco home. Her only child had predeceased her. In 2006, she executed a statutory short form durable power of attorney naming David Salvati as her attorney-in-fact and naming Lisa Brytus as successor agent.

Published on: June 22, 2026

Daughter Established as Sole Distributee in Intestate Estate Dispute: Matter of Dow, 2026 NY Slip Op 26031

by Stephen Bilkis

When someone dies without a will, determining who has the legal right to inherit is often one of the first issues that must be resolved. In some cases, family members may disagree about who qualifies as an heir, particularly when questions arise about paternity or family relationships. A February 2026 decision from the Bronx County Surrogate’s Court illustrates how New York courts evaluate those disputes and the consequences that may follow when parties continue pursuing claims after the evidence no longer supports their position.

Background Facts

The decedent, Wayne Dow, died in April 2020 without a will. Shortly after his death, his brother, Alvin R. Dow, and a sister, Jacqueline Bazemore, filed a petition seeking appointment as administrators of the estate. They claimed that they, along with three other siblings, were the decedent’s only distributees. The decedent’s daughter, Milan Monroe, formerly known as Milan Paris Dow, later filed a cross-petition seeking letters of administration. She asserted that she was Wayne Dow’s daughter and, as his only child, was his sole distributee under New York law.

Published on: June 15, 2026

Richmond County Surrogate Court Replaces Nominated Fiduciary With Neutral Public Administrator. Matter of Barmapov, 2022 NY Slip Op 34438(U) (Sur. Ct. Richmond County Dec. 8, 2022)

by Stephen Bilkis

When family members are fighting over a will, disputes often arise over who should manage the estate while the probate proceeding is pending. Even when a person is nominated in a will to serve as executor, a Surrogate’s Court may refuse to appoint that person if evidence suggests that appointing them could jeopardize the proper administration of the estate. In Matter of Barmapov, the Richmond County Surrogate’s Court considered whether the decedent’s daughter should be appointed preliminary executor where the surviving spouse alleged undue influence, financial irresponsibility, and severe hostility between the parties. The court ultimately declined to appoint the daughter and instead appointed the Richmond County Public Administrator to oversee the estate during the litigation.

Background facts

Rebeca Barmapov died on October 6, 2022. She was survived by her husband, Benjamin Barmapov, and family members including her daughter, Erma-Erit Barmapov Segev. Following the decedent’s death, two purported testamentary documents became the subject of litigation. One was a formal will dated June 10, 2021. The other was an earlier handwritten document allegedly created by the decedent on May 12, 2021.

Published on: June 15, 2026

Matter of Jehle, 2026 NY Slip Op 50767(U) (Sur. Ct. Richmond County May 19, 2026)

by Stephen Bilkis

When a will is challenged decades after it was signed, objectants often argue that witness memory problems, missing records, or allegations of undue influence should prevent probate. In Matter of Jehle, the Richmond County Surrogate’s Court considered whether a 1997 will could be admitted to probate despite objections from the decedent’s daughter, who questioned the execution of the will, alleged undue influence, and argued that the destruction of the decedent’s belongings raised concerns about other testamentary documents. The court ultimately granted summary judgment admitting the will to probate and dismissed the objections.

Background facts

Jeffrey M. Jehle died on February 14, 2022, a resident of Richmond County. He was survived by his two daughters, Amanda Jehle and Jennifer Jehle, and his brother, William Jehle.

Published on: June 8, 2026

Beneficiaries Must Provide Proof Rather Than Suspicion to Challenge an Estate Accounting. Matter of Asimov, 2024 NY Slip Op 31977(U) (Sur. Ct. New York County June 4, 2024)

by Stephen Bilkis

In contested estate accountings, beneficiaries sometimes object because they believe the fiduciary failed to include estate property. But objections must be supported by evidence, not suspicion. In Matter of Asimov, the New York County Surrogate’s Court considered whether objections to an executor’s accounting should be dismissed where the objectant claimed that valuable books were missing from the estate, but offered no proof beyond conjecture.

Background facts

Ruth Asimov died on February 18, 2018. She was survived by three children: Eric Asimov, Nanette Asimov, and Daniel Asimov. Her will, dated December 26, 1993, was admitted to probate on April 30, 2018. Eric Asimov served as executor of the estate. On November 21, 2022, Eric filed a petition to settle his accounting for the period from February 18, 2018, through October 27, 2022.

Published on: June 2, 2026

Attorney-in-Fact Must Act in Principal’s Best Interest When Making Gifts Under a Power of Attorney. Matter of Ferrara, 7 N.Y.3d 244 (2006)

by Stephen Bilkis

A power of attorney is a legal document that allows one person, known as the principal, to authorize another person, known as the attorney-in-fact or agent, to handle financial and other affairs on the principal’s behalf. While a power of attorney can grant broad authority, that authority is not unlimited. In Matter of Ferrara, 7 N.Y.3d 244 (2006), the New York Court of Appeals considered whether an attorney-in-fact who was expressly authorized to make unlimited gifts to himself could transfer nearly all of the principal’s assets to himself. The case focused on the duties owed by an attorney-in-fact and the meaning of the statutory requirement that gifts be made in the principal’s best interest.

Background Facts

George J. Ferrara was a retired stockbroker living in Florida. In June 1999, he executed a will leaving his entire estate to the Salvation Army. The will specifically stated that he intended to leave nothing to family members or other individuals. He later executed a codicil reaffirming those wishes.

Published on: June 1, 2026

Summary Removal of Executors Requires a Hearing When Material Facts Are Disputed. Matter of Duke, 87 N.Y.2d 465 (1996)

by Stephen Bilkis

The executor of an estate is responsible for gathering assets, paying debts, and carrying out the terms of a decedent’s will. Because an executor serves in a fiduciary role, New York law permits a court to remove an executor who engages in misconduct or whose actions threaten the estate. However, courts are generally reluctant to override a testator’s choice of executor. In Matter of Duke, 87 N.Y.2d 465 (1996), the New York Court of Appeals considered whether a Surrogate’s Court could summarily remove executors of a billion-dollar estate without first conducting an evidentiary hearing.

Background Facts

Doris Duke died in October 1993, leaving an estate valued at more than $1 billion. Much of her estate was left to charitable organizations. Her will named Bernard Lafferty, who was described as her assistant and confidant, as the individual coexecutor of her estate. The will gave Lafferty authority to select a corporate coexecutor, and he chose United States Trust Company.

Published on: May 31, 2026

Court Approved Medicaid Asset Protection Plan Through Gift and Loan Strategy. Matter of M.L., 2009 NY Slip Op 52160(U)

by Stephen Bilkis

Long-term nursing home care can quickly consume a person’s life savings. As a result, families often explore Medicaid planning strategies designed to preserve assets while still allowing an individual to qualify for Medicaid benefits. When an incapacitated person is under a guardianship established pursuant to Article 81 of the Mental Hygiene Law, a guardian generally must obtain court approval before implementing such planning. In Matter of M.L., 2009 NY Slip Op 52160(U), the Supreme Court, Bronx County, considered whether a guardian should be permitted to engage in Medicaid planning through a combination of gifts and a promissory note loan designed to preserve assets for the incapacitated person’s intended beneficiary while allowing the incapacitated person to become eligible for Medicaid coverage.

Background Facts

M.L. was an incapacitated person under an Article 81 guardianship. The court had previously appointed a guardian of both her person and property. The guardian sought authority to implement a Medicaid asset protection plan that involved gifting a portion of M.L.’s assets and loaning another portion through a promissory note arrangement.

Published on: May 24, 2026

Guardian Allowed to Transfer Entire Estate for Medicaid Planning. Matter of Shah (Helen Hayes Hosp.), 95 N.Y.2d 148 (2000)

by Stephen Bilkis

Medicaid planning often involves difficult decisions about how assets should be used to pay for long-term care. When an individual becomes incapacitated and can no longer make financial decisions, those decisions may need to be made by a court-appointed guardian. In Matter of Shah (Helen Hayes Hosp.), 95 N.Y.2d 148 (2000), the New York Court of Appeals addressed whether a guardian could transfer all of an incapacitated spouse’s assets to the community spouse as part of a Medicaid planning strategy. A community spouse is the husband or wife of a nursing home resident who continues to live at home or elsewhere in the community rather than in a nursing home or other long-term care facility. The case became one of New York’s most significant Medicaid planning decisions and confirmed that guardians may engage in Medicaid planning on behalf of incapacitated individuals under appropriate circumstances.

Background Facts

Bipin Shah lived in New Jersey with his wife, Kashmira Shah, and their children. In 1996, he suffered a catastrophic injury while working in New York and lapsed into a coma. He was eventually transferred to Helen Hayes Hospital in Rockland County, New York, where he remained institutionalized with little expectation of recovery.