Published on:

Plaintiff Filed Objection to Probate of Will


Suffolk Probate 13

The plaintiff in this case is Rachel Kuncman. The defendants in the case are Steven A. Sherman, American Portfolios Financial Services, Inc., the Abraham Salomon and Tobi Weinstein estates both individually ans as the executrix of the Abraham Salomon estate. The case is being heard in the Nassau County Supreme Court. The judge overseeing the case is Stephen A. Bucaria.

Case History

The plaintiff has alleged that she, with her dad Abraham Salomon, and her sister Tobi Weinstein, were all joint tenants with the right of survivorship for a brokerage account that was held at Sandgrain Securities Inc. A New York Probate Lawyer said the account was transferred from Sandgrain Securities to American Portfolios. The plaintiff states that the assets from the account were transferred into an individual account under the name of her father Abraham Salomon without her permission. The plaintiff states that the written transfer authorization that shows her signature was forged.

Abraham Salomon died approximately two years after this transfer took place. The plaintiff filed a complaint in April of 2009 to recover her share of the funds of both the joint and individual account.

Defendant Weinstein filed a petition in the Surrogates court for probate of the last will and testament of the decedent. The plaintiff was cited during this proceeding as she was adversely affected by the will. The plaintiff received nothing from the will. She filed objections to the probate of the will and after documentary discovery in the probate case the plaintiff and Weinstein entered into a settlement agreement. Letters of testamentary were issued to Ms. Weinstein. A Staten Island Probate Lawyer said the settlement agreement required the plaintiff to withdraw her objections to probate and consent to probate. The plaintiff was given personal property from the estate which she claimed ownership of.

Weinstein executed a mutual release of the estate to the plaintiff. The settlement agreement also stated that the Surrogates Court of Nassau County will retain jurisdiction to enforce all of the terms of the agreement.

Court Discussion and Agreement

The plaintiff is making the argument in this case that she is entitled to her share of the money that was in the joint account with right to survivorship. She maintains that this account was moved without her permission and that her name was forged on the papers.

The court feels that the plaintiff has had the opportunity to use all of the discovery devices before signing the settlement agreement and release. Additionally, the plaintiff had the option to wait for a copy of the estate papers before signing the agreement and release for settlement. Instead, the plaintiff voluntarily negotiated and entered into the settlement agreement with Weinstein knowing that the intent of these proceedings was to settle all of the issues in regard to the estate. She agreed to waive all interest in the assets of the estate by signing this agreement.

A Queens Probate Lawyer said for the reasons above the court finds in favor of the defendants Weinstein and the estate. The motion to dismiss the complaints against them is granted. The court has also considered the remaining arguments of the plaintiff and finds them all without merit.

If you are in the middle of probate litigation you are going to need a lawyer on your side. Contact the law offices of Stephen Bilkis & Associates to set up an appointment for a free consultation. Our offices are located conveniently throughout the city of New York and our team of lawyers is ready to help you through any type of legal issue that you may have.

Contact Information