The court considers the petitioner’s application to vacate a prior decree that admitted the Last Will and Testament of the Decedent to probate and issued Letters Testamentary to David Menzies. The petitioner, Wilhelm Waight, seeks to revoke the letters testamentary and conduct SCPA § 1404 examinations, alleging lack of notice…
This case involves the distribution of settlement proceeds following the untimely death of the decedent, raising questions of jurisdiction and allocation between personal injury and wrongful death claims. The petitioner, Clathina McMillan-Hoyte, seeks approval for the distribution, while the Albany County Department of Social Services (DSS) objects, asserting a Medicaid…
An in terrorem clause, commonly found in wills and trusts, is a legal provision designed to deter beneficiaries from challenging the validity of the document or taking legal action against the estate. Also known as a no-contest clause, it threatens forfeiture of inheritances if a legal challenge is initiated. The…
When attempting to probate a will in New York that originated in another country, several issues may arise. The court must navigate differences in legal systems, questioning the validity of the foreign will under New York law. Considerations include the deceased person’s connection to New York, the residence of beneficiaries,…
When someone dies intestate in New York, it means they passed away without a valid will. In this situation, the New York’s laws step in to determine how the deceased person’s estate will be distributed. If the decedent has both a surviving spouse and a child, New York’s intestate succession…
This legal case involves JPMorgan Chase Bank’s petition to resign as a trustee for trusts created by Harriet F. Bush and Donald F. Bush. The court has already granted their request for resignation and appointed J.P. Morgan Trust Company of Delaware as the successor trustee. The remaining issue is the…
In estate proceedings, the involvement of corporate holdings, like a company owned by the deceased, can significantly affect the distribution of assets. Imagine someone owned a business worth millions when they passed away. Now, their estate has to be sorted out. The company’s value and income become part of the…
A New York small estate proceeding is a simplified legal process for handling the assets of a deceased person when their estate is relatively small. It streamlines the probate or administration process, making it quicker and less complex. Typically, it’s available when the total value of the estate is below…
Matter of Fakhra, 2023 NY Slip Op 23201 involves a dispute within a small estate proceeding following the intestate death of the decedent in May 2020. The two adult children, Sara Nabil Fakhra (Petitioner) and Aous Fakhra (Respondent), were appointed Co-Administrators of the estate. The conflict arises from Aous Fakhra’s…
Matter of Maier, 178 Misc. 2d 1061 (N.Y. Surr. Ct. 1998) is about a wrongful death compromise proceeding and sheds light on the nuanced intersection of personal injury law, estate distribution, and the role of social services. Wrongful death actions arise when an individual’s death is caused by the wrongful…