New York Probate and Estate Administration Lawyer Blog

Published on: May 30, 2012

Court Decides Legal Fees for Estate Administration

by Stephen Bilkis

The Facts:

A decedent was survived by his wife, an adult son who is the petitioner herein, and four adult grandchildren. A New York Probate Lawyer said the decedent’s wife is a person under disability and her interests are being represented by a guardian ad litem appointed for that purpose by the court. Although SCPA 1404 examinations were demanded by the respondents, the examinations were never conducted, the parties having promptly entered into settlement negotiations.

The propounded instrument bequeaths the entire estate to the decedent’s lifetime trust, which in turn leaves the entire estate to petitioner, to the exclusion of the surviving spouse and grandchildren. The parties have entered into a stipulation of settlement, subject to the court’s approval, which permits the will’s admission to probate, effectively guarantees the surviving spouse her elective share, and distributes the net estate after payment of debts, administration expenses, and the elective share, into two parts, one part to be distributed to the petitioner and the other to be divided equally among the grandchildren.

Published on: May 27, 2012

Petitioner Seeks to Remove Fiduciary

by Stephen Bilkis

This is a probate case regarding the last will and testament of Edith A. Johansen. The case is being held in the Surrogate’s Court of the State of New York in the county of Nassau.

Application

This case is a request for application for preliminary letters testamentary. A New York Probate Lawyer said the decedent, Edith A. Johansen passed away on the 14th of December in 2005. She left behind a will that was dated the 13th of September, 2005. There was a will made prior to this time that is dated the 24th of January, 2003. The will from 2003 names the daughter Karen Colossale of the decedent as the executor of the estate and the decedent’s other daughter Maureen Erickson as the successor executor. The will from 2005 names Karen as the executor as well. Additionally, Linda Johansen the decedent’s other daughter survives as well.

Published on: May 26, 2012

Court Authenticates Last Will and Testament

by Stephen Bilkis

This case is being heard in the Surrogates Court of Suffolk County. The matter at hand involves the issue of proving the last will and testament of the deceased, Sigrid C. Lockwood as a will of real property and personal property. The case also deals with a petition regarding the ancillary letters testamentary for the same estate.

The question is this case is in regard to the wills left by the decedent, Sigrid C. Lockwood. At the time of her death she was living in Norway. This is where she was cremated. She was a United States citizen at the time. She executed a will in December of 1951 which has been offered for probate to this court. She also executed another will in Norway in April of 1953. This will has been probated in Norway. The executor named in the will is requesting letters ancillary from the court.

Case Background

Published on: May 26, 2012

Court Decides if Public Administrator Can Serve

by Stephen Bilkis

The case is a matter of judicial settlement regarding the proceedings of Ellis T. Terry, who is the administrator of the credits, chattels, and goods that belonged to Christian Krabbe, who is the deceased. The case is being heard in the Surrogates Court of Suffolk County.

Proceeding

This proceeding involves Ellis T. Terry, who was the Public Administrator for Suffolk County. A New York Probate Lawyer said the case deals with a judicial settlement for his accounts as the administrator of the estate. This includes judicial determination of the identity of the distributees of the decedent and a judicial determination in respect to certain claims that have been made. He is also seeking authorization for the sale of real property owned by the decedent.

Published on: May 25, 2012

Peittioner Challenges Jurisdiction of Probate Proceeding

by Stephen Bilkis

This is a probate case involving the last will and testament of Daniel Joseph Roach. The case is being heard in the Surrogate’s Court of Suffolk County in the state of New York. The petitioner and proponent in the case is Mary A. Hennessy. She is represented by Joseph L. Callahan. The respondent in the case is Daniel Joseph Roach Jr. He is represented by the law firm of Fennelly & Fennelly from New York City.

The respondent in this case, Daniel J. Roach Jr. is appearing especially in front of this court to challenge the jurisdiction in regard to the probate proceeding of the decedent, Daniel Joseph Roach. The respondent states that at the time of his death, Daniel Joseph Roach was a resident of Kings County and therefore the probate should be held in the Kings County Surrogate Court.

Facts of the Case

Published on: May 25, 2012

Court Concludes Petitioner Has No Jurisidiction Over Will

by Stephen Bilkis

This case is being heard in the Surrogate’s Court of New York County. The case is regarding the estate of Marvin G. Connally. The executors of the estate are George H. Ryniker & Morgan Guaranty Trust Company of New York. The others involved in this case are Jean M. Denis, and Donald T. Mullane who is acting as the special guardian for Mary S. Hicks and the others who are infants.

Case Background

A New York Probate Lawyer said the testator died on the 26th of December in 1960. On the 9th of January a petition for probate was filed in this court. This included two testamentary instruments. The petition stated that the testator lived at 475 Park Avenue in New York City. It also stated that the distributees were his three children.

Published on: May 21, 2012

Court Interpretes Zoning Ordinance

by Stephen Bilkis

The complainant operates a manufactured home park on real estate he owns in a residential zone in Chemung County. Residents of the park place manufactured homes on lots leased from the complainant. A New York Probate Lawyer said in 2009, the complainant’s estate administration manager approached the accused, the Town Enforcement Officer, to inquire about obtaining a building permit to install a manufactured home owned by the complainant on a lot in the park to be offered for sale to the public. The accused Town Enforcement Officer advised the complainant that the proposal was a commercial use prohibited by the Town Zoning Code. The complainant then applied to the Town Zoning Board of Appeals for an interpretation of the ordinance. After a public hearing, the Zoning Board of Appeals determined that the complainant’s proposed use was prohibited. The complainant commenced the proceeding to annul the determination and Supreme Court dismissed the petition. The complainant appealed.

The Town Zoning Code defines a manufactured home park as a parcel of land under single ownership which is improved for the placement of mobile homes and manufactured homes for non-transient use and which is offered to the public of two or more mobile and manufactured homes. In a provision entitled Commercial Sale of Mobile and Manufactured Homes, the zoning ordinance provides that a mobile and manufactured home park shall be established for the purpose of permitting habitation of such mobile or manufactured homes. Bronx Probate Lawyers said no sales lot or area shall be used for the purpose of selling mobile or manufactured homes. Relying upon the emphasized language, the Zoning Board of Appeals found that the complainant’s proposal to place an unoccupied manufactured home on a lot for sale would have the effect of transforming the said residential lot into a dedicated lot or area for the commercial sale of a mobile home and was an illegal commercial sale of a mobile home within a residential district. The Zoning Board of Appeals further distinguished the complainant’s proposal from sales of mobile homes by individual owners in anticipation of moving and finding that such casual sales did not violate the ordinance but nonetheless would have to be monitored on a case by case basis.

The Supreme Court accorded deference to the decision of the Zoning Board of Appeals, but that heightened standard was not merited. Brooklyn Probate Lawyers said a fact-based interpretation of a zoning ordinance that determines its application to a particular use of property is entitled to great deference. However, deference is not required when reviewing a pure legal interpretation of terms in an ordinance. The meaning of the term sales lot or area in the ordinance at issue presents a purely legal question in which no deference to the Zoning Board of Appeal’s interpretation is required.

Published on: May 21, 2012

Court Discusses HUD Rules

by Stephen Bilkis

On March 29, 2010, a building owner from 1165 Evergreen Avenue in the Bronx, New York filed a motion to evict the resident of one of their apartments. A New York Probate Lawyer said the property owner claims that the person who leased an apartment from them has failed to pay her rent from April 2006 until March 2010. Apparently the leaser had been making only partial payments and at the time of the motion, the renter was $1183.94 behind on their rent. When the property owner filed the motion they also stated that the rent had been $25.00 short each month during the time listed. The property owner stated that if the amount was not paid by April of 2010, that the amount would need to be raised to $1418.94 which would include the late rent and $210.00 for legal fees.

The court set a hearing date, however the renter did not appear for that hearing. The property owner filed a motion for summary judgment. The court decided to review the litigation history between the parties and discovered that there had been four other cases filed between these two parties during the time span going back to 2006 which is also covered by this particular petition. A Staten Island Probate Lawyer said the court determined that the renter would only be behind in rent that was left unpaid through May of 2010 of $375.00. The court decided not to issue an eviction notice for five days so that the renter could have time to pay the amount determined by the court. On May 26, 2010, the renter applied for an order to show cause to cancel the default judgment.

The renter filed three more motions trying to keep from being evicted from the apartment. On August 11, 2010, the renter applied for an additional order and supported the approval of the original $1308.94. The court granted the motion on August 25, 2010. Both parties at that time agreed that the renter owed the property owner $1308.94. That amount would cover any amount that was not paid to the property owner through August.

Published on: May 6, 2012

Court Hears Case Brought By Third Party Defendant

by Stephen Bilkis

The plaintiff in this case is Robinson Duran Urena. The defendant and third party plaintiff/respondent in the case is Ciampa Estates, LLC. They are represented by the law offices of Fiorella Rubin & Friedman LLP. His council in the case is Stewart B. Greenspan. The third -party defendant-appellant in the case is Sanita Construction Company, Inc. They are represented by John Bonanno from Weiner, Morgan, Millo & Bonanno, LLC.

A New York Probate Lawyer said the case is being heard in the Supreme Court of the State of New York, Appellate Division. The judges in the case are Sheri S. Roman, JJ, Ariel E. Belen, Daniel D. Angiolillo, and Reinaldo E. Rivera, J.P.

Appeal

Published on: May 6, 2012

Court Dismisses Appeal on Proceedural Grounds

by Stephen Bilkis

The plaintiffs and appellants in this case are Leslie Lerman and Lois Lerman. Summerhill Estates, Inc, Adam C. Robinson, Marleen L. Robinson, Allen M. Robinson, and Michele A. Keagle are the defendants of the case. Cayuga County is the defendant and respondent in the case.

A New York Probate Lawyer said this appeal case is being heard in the Supreme Court of the State of New York in the Appellate Division. The judges overseeing the case are P. J. Smith, Scudder, Fahey, Centra, and Peradotto, JJ. The case is being heard on the 25th of October in 2011.

Respondents Case