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.…
Articles Posted in Brooklyn
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…
Disinherited Daughter Challenges Will
The decedent died leaving a will. The will nominates 2 s executors but one of them renounced his appointment. The decedent was survived by his two adult children. A New York Probate Lawyer said that the will provides that the decedent’s entire residuary estate shall be distributed to decedent’s companion.…
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 Accounting of Estate
A New York Probate Lawyer said that, in this probate proceeding, counsel for the executor has objected to a request from the court’s accounting department for the payment of an additional fee of $625.00 pursuant to 22 NYCCR 207.20 [d] upon the executor’s required filing of his “List of Assets…
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…
Court Discusses Appointment of Guardian Ad Litem
A New York Probate Lawyer said in this probate proceeding, the guardian ad litem for the decedent’s minor children has submitted a preliminary report wherein she recommends that the purported will be admitted to probate if construed and/or reformed as suggested in her report. A New York Will Lawyer said…
Court Discusses Powers of Executor Regarding Prior Will
A New York Probate Lawyer said that, the proponent of the will of the decedent seeks a protective order with respect to a notice to examine under SCPA 1404. The decedent died on July 9, 1995, survived by her daughter, as sole distributee. She was also survived by her granddaughter,.…
Petitioner Seeks to Dispense with Service of Process of Will
A petition for probate of the decedent’s will has been filed with the Probate Department of the New York Court. The petitioner is the nominated coexecutor and son of the decedent. A New York Probate Lawyer said that the petitioner has requested that the court dispense with the service of…
Court Decides Legality of Charitable Gift in Will Contest
A New York Probate Lawyer said that, this is a proceeding pursuant to EPTL 8–1.1(c) for an order directing the method of effectuating a testamentary charitable gift in a situation where circumstances have changed since the execution of the will. The court is asked to apply its Cy pres power.…