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Son Challenges Father’s Will


In this case the defendant has moved for an order to dismiss the first and third causes of action brought against them on the ground of failure to state a cause of action. The defendant is seeking to have the remaining caused transferred from the Supreme Court, Special Term, to the Surrogate’s Court of Queens County on the ground that it is the more appropriate forum for this action.

Case Background

A New York Probate Lawyer said the plaintiff is seeking to recover half of $80,285.58 that he alleges is his property by reason of establishment of a number of bank accounts by his late father. He states the accounts were in his and his father’s names. The son’s name was eliminated from the accounts in question in June of 1983. The father then opened new accounts in just his name with the proceeds of the accounts that he had closed.

The father passed away in July of 1983 and his will was admitted for probate in the Surrogates Court of Queens County in November of 1983. This action was commenced shortly after.

The plaintiff has consented to dismissing his third cause of action in relation to one of the bank accounts acknowledging the fact that no action may be maintained against the defendant as it had no relationship with the accounts in question.

Court Discussion and Decision

The plaintiff is disputing the existence of another proceeding as the probate of the will has been completed. He states that the Surrogate’s Court only provides special proceedings and does not have ongoing jurisdiction between these proceedings. Manhattan Probate Lawyers said the plaintiff further argues that the transfer of the case from the Supreme Court of New York County to the Surrogate’s Court of Queens County is impermissible because the transfer is not being made to another court within the judicial department.

The court finds that the arguments made by the plaintiff are without merit. Bronx Probate Lawyers said the motion made by the defendant is granted in all respects and the remaining contentions will be heard in the Surrogate’s Court of Queens County as it is found to be the more appropriate venue.

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