A New York Probate Lawyer said that, this proceeding requires consideration of SCPA 205 (L 1984, ch 128, effective June 21, 1984) which substituted the flexible and waivable concept of venue for the inflexible and non-waivable concept of subject matter jurisdiction in all proceedings brought in the Surrogates’ Courts of…
Articles Posted in Bronx
Heirs Bring Action Because they were Left Out of Mother’s Will
A New York Probate Lawyer said a woman died survived by one sister and thirteen descendants of pre-deceased siblings. The deceased woman’s nephew, the Executor filed a Verified Petition to Probate a Last Will and Testament, dated April 17, 1996 in which he was the nominated Executor and in which…
Action Stems from Plaintiff’s Attempt to Purchase Real Property
A New York Probate Lawyer said this action stems from plaintiff’s attempt to purchase certain real property, located at Bronx County (“subject property”), in August 2005, from four members of a family. Manhattan Probate Lawyers said one of the members, a lady, died testate in February 1986. Under the terms…
Probate Court Decides Tax Issue
New York Probate Lawyers said the decedent died a resident of Nassau County and left a will. The will was admitted to probate by decree of the court and letters testamentary were issued to one of the decedent’s daughters. The decedent was also survived by another daughter. A New York…
Court Decides if Accounting Fees Should be Granted
A New York Probate Lawyer said that, submitted for decision in this accounting proceeding are the issues of attorney fees and accounting fees. Also submitted is approval of commissions to the Public Administrator. The Public Administrator also asks for approval of the disallowance of the claim of the niece of…
Court Rules on Petition for Letters of Administration
A New York Probate Lawyer said that, this is an application for a certificate of letters of administration, which involves a question as to the status of the county treasurer as administrator, on which question there appears neither direct statutory provision nor decision directly in point. A New York Will…
Fraud Alleged in Will Contest Proceeding
A New York Probate Lawyer said the complainant alleges that she, along with her father and sister are joint tenants with rights of survivorship in a brokerage account maintained at a Securities Company. The account at the Securities Company was transferred to a joint account in a Financial Services Company.…
Court Decides Degree Vacating Probate
A New York Probate Lawyer said that, in this proceeding to vacate a decree of probate, the respondent, moves for an order pursuant to CPLR 2221 (d) and (e) renewing and rearguing her motion for an order directing the petitioner, to submit to a court admissible Sibling Full DNA Test…
Court Hears Case Regarding Validity of Will
On 16 June 2006, the decedent, LS, died and was survived by his wife, MS, and his brother, WS. Allegedly, he left a will dated 11 October 1967. Under the will, the residuary must be equally shared by LS’ mother, H, and his brother, WS, and if either individual predeceased,…
Court Decides Case Regarding Submission of Final Decree
A New York Probate Lawyer this contested probate proceeding the attorneys for the executor, on submission of a final decree for probate, seek an allowance in the amount of $20,000 for attorneys’ fees, to be charged personally against the respondent pursuant to SCPA 2302(3)(a). Respondent likewise seeks an allowance in…