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Articles Posted in Estate Administration

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Petitioner Seeks Clarity on Disposition of Property

A New York Probate Lawyer said that in this proceeding the executors seek a determination as to the validity and effect of the disposition of property described in testator’s will and authorization to sell the real property of which testator died seized. Testator’s will dated April 18, 1956 was admitted…

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petitioner Seeks Interpretation of Tax Clause in Will

The executors have requested construction of several provisions of Mrs. VK’s will admitted to probate in 1969. I Probate Lawyers said the principal problem concerns the meaning of the tax clause. Since the bulk of the estate consists of stock in a family corporation, construction of the tax clause in…

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Petitioner Alleges Decedent’s Guardian Failed to File Certain Reports

A Probate Lawyer said that, in a probate proceeding in which the administrator, in effect, petitioned pursuant to SCPA 1809 to determine the validity of certain claims against the estate of the decedent, also known as the petitioner appeals from (1) an order of the Surrogate’s Court, Kings County, dated…

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Are Inter Vivos Dispositions to the Widow Properly Includible in Decedent’s Estate

A Probate Lawyer said that, this is a proceeding by the executors pursuant to SCPA 1421 to determine the validity and effect of an election by the decedent’s surviving spouse. The decedent executed a will on February 25, 1965 which has been admitted to probate in this court. The decedent…

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Petitioner Brings Suit for Breach of Fiduciary Duty and Legal Malpractice

A Probate Lawyer said that, in an action, inter alia, to recover damages for breach of fiduciary duty and legal malpractice, the defendant appeals from an order of the Supreme Court, Kings County, dated June 21, 2005, which denied his motion pursuant to CPLR 3211 (a) (1) and (7) to…

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Executors Seek to Enforce Notice of Election

A Probate Lawyer said that, the executors seek a determination as to the validity and effect of the notice of election served and filed by the surviving spouse to take against testator’s will. The will, dated August 1, 1960, was admitted to probate on January 24, 1961. By paragraph ‘THIRD’,…

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