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Articles Posted in Estate Administration

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Defense Counsel Moves for Change of Venue in Wrongful Death Action

Records reflect that for reasons unbeknownst to the court at this time, the decedent, a 19 year old female, was at a Hotel located approximately one half mile from her residence, where she resided with her mother. While at the Hotel, the decedent made her way to the roof of…

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Court Resolves Dispute Between Two Businesses

A Probate Lawyer said the records reflect that the instant case is one wherein estate of the parties are involved for settling the dispute between them. This involves two domestic businesses located in Richmond County, owned by two persons. As a result of disagreements in their business relationship, several lawsuits…

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court Decides Whether or Not Sale of Property Should be Affirmed

A Probate Lawyer said sources revealed that in the instant case, the decedent died insolvent, leaving a last will and testament, which has been duly admitted to probate as a will of real and personal property. The executor and executrix of the deceased, as creditors, petitioned the surrogate’s court for…

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Court Discusses ‘One Dollar Clause’ in Real Estate Case

Probate Lawyers said that records show that this is a proceeding in eminent domain to acquire title to real property required for the widening of an Avenue from one Road to another. This proceeding involves matters of the estate, not pertaining to probate but which affects the estate by the…

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Petitioner Files a Motion to Dismiss for Lack of Subject Matter Jurisdiction

Probate Lawyers said before the court is a motion to dismiss, pursuant to CPLR 404 for lack of subject matter jurisdiction, filed on behalf of the co-executor of the estate of the deceased herein. The motion seeks dismissal of a petition filed on behalf of another co-executor of decedent’s estate,…

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Court Decides Apportionment of Estate Taxes

Probate Lawyers said that according to sources, in two of three consolidated proceedings the trustees under two indentures of Inter vivos trusts, seek judicial settlement of their accounts and construction of certain provisions of the trusts. Specifically, as holders of shares of stock of a regulated investment company (sometimes called…

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Court Reviews Petition to Modify Endowment Fund

A New York Probate Lawyer said this is a petition to modify restrictions on an endowment fund, pursuant to section 8-1.1 of the Estates, Powers and Trusts Law or, in the alternative, section 522 of the Not-for-Profit Corporation Law. Petitioners, Trustees of a University, seek an order authorizing the subdivision…

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