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Articles Posted in Long Island

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Court Discusses the Issuance of Premliminary Letters Testamentary

A New York Probate Lawyer said that, a motion and cross motion places in issue the rights of persons interested in this estate to obtain discovery from the preliminary executor pursuant to subdivision 4 of SCPA 1412. In 1963, based upon the recommendation of the Bennett Commission, the Legislature created…

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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…

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Claimant Brings Suit Based on Oral Promise by Decedent

A New York Probate Lawyer said that, this is an application by the preliminary executors in a probate proceeding to dismiss a claim asserted against the estate. This claim to one-half of the estate was made by the claimant simultaneously with his opposition to a decree approving a compromise agreement…

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Court Decides Whether Determination and Notice of Violation is Null and Void

The plaintiffs own 1 of 20 lots comprising a subdivision known as Estates at Brookview. As such, the plaintiffs are members of the Estates at Brookview Homeowner’s Association (hereinafter the Association) and subject to its bylaws and “Declaration of Restrictions, Covenants, and Easements” (hereinafter the Declaration). In the fall of…

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Considering A Lifetime Gift? This is Your Year, says New York Probate Lawyer

According to one NY Probate Lawyer, this is the year to give. Thanks to sweeping changes in the laws governing the estate tax by President Obama late in 2010, making a lifetime gift is now easier than ever. Lifetime gifts have long been the preferred method for transferring wealth from…

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