Probate Lawyers said that this issue is a frequently recurring problem in the Surrogate’s Courts, that of claims against estates or beneficiaries of estates by the State Department of Mental Hygiene. Testator M died August 9, 1975 leaving his widow S as his sole distributee. His will executed in 1968…
Articles Posted in Estate Administration
Court Decides if Widow Entitled to Maximum Exemption Regarding Estate Tax
Probate Laywers said that sources revealed that the decedent died leaving a joint will entered into with his wife. Under the provisions of that will all property of the person first dying is bequeathed to the survivor; upon the death of the survivor ‘all of the property of which he…
Court Determines the Validity of a Notice of Election
Probate Lawyers show that the instant proceeding was commenced by the executors pursuant to section 145-a of the Surrogate’s Court Act to determine the validity and effect of the widow’s notice of election served and filed pursuant to section 18 of the Decedent Estate Law. However, after commencement of the…
A Convicted Felon Files for Guardianship
Probate Lawyers said that according to sources, a convicted felon who is unrelated to two subject children has filed for guardianship of these children who presently reside with him and his wife. The maternal uncle and adopted brother of the children has cross-petitioned for guardianship of the two subject children…
Court Determines What Constitutes Reasonable Legal Compensation
Probate Lawyers said in this probate proceeding in which the successor trustees of a living trust petitioned for the judicial settlement of their account. A Petition was filed by the attorney for the successor trustees, filed an Appeal, as limited by his brief, from so much of a decree of…
Petitioner Claims Co-Executor Failed to Account for Assets
Probate Lawyers said records revealed that in a probate proceeding in which a co-executor of the estate of deceased, he petitioned to judicially settle the account of the estate, the objectant appeals from an order of the Surrogate’s Court, which granted the motion for summary judgment dismissing certain objections to…
Court Hears Proceeding to Judicially Settle Decdent’s Final Account
A Probate Lawyer said that incidental to this proceeding to judicially settle decedent’s final account, covering the period from December 1, 1984 to July 31, 1999, is a plea for construction of paragraphs Fifth and Sixth of his will. National Bank (petitioner), the successor executor and trustee under the will,…
Court Decides Settles Plaintiff’s Final Accounting
A Probate Lawyer said that incidental to this proceeding to judicially settle decedent’s final account, covering the period from December 1, 1984 to July 31, 1999, is a plea for construction of paragraphs Fifth and Sixth of his will. National Bank (petitioner), the successor executor and trustee under the will,…
Petitioner Seeks to Probate Last Will and Testament
A Probate Lawyer said that according to a Kings County Estate Attorney, in a contested proceeding to probate the last will and testament of J, also known as AJ, the objectants appeal, as limited by their brief, from so much of an order of the Surrogate’s Court, Kings Count, dated…
Court Discusses Credit Shelter Trust
A Probate Lawyer before the court is a petition brought by M, the surviving spouse of JM. M is the lifetime beneficiary of a credit shelter trust created under decedent’s last will and testament, and she and the trust share a tenancy in common in the residential real property in…