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Articles Posted in Estate Administration

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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.…

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Counsel Tries to Withdraw from Guardianship Proceeding

A New York Probate Lawyer said that, this motion to withdraw as counsel raises serious and important issues about the obligations of the court and of counsel when it appears that a client who is a defendant in a civil action lacks capacity to assist or participate in the defense…

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Petitioner Seeking Damages from Probate Attorney

A New York Probate Lawyer said that, this is a motion to dismiss an amended petition filed in a pending accounting proceeding. The amended petition states two causes of action seeking damages in the amount of $20,000 (less disbursements of up to $3,000) from the movant arising out of his…

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Court Hears Venue Challenge in Will Contest Case

On 16 July 1983, a decedent died leaving a will. He was survived by several children, one of whom receives less than his distributive share in the estate under the propounded will. A New York Probate Lawyer said that on 8 September 1983, the probate petition, a will contest proceeding,…

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Probate Court Discusses the Legality of Asset Purchase Agreement

The Facts of the Case: On 8 January 2006, the decedent died with a will dated 31 December 1993. On 26 April 2007, the decedent’s will was admitted for probate (will contest proceeding) by the court and a decree was thereafter issued, and letters testamentary also issued to the decedent’s…

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Landlord Commences Nonpayment Summary Proceeding Against Tenants

In a court proceeding, a complainant filed a motion to stay pending the determination of an appeal from an order of the civil court. New York Probate Lawyers said that upon the papers filed in support of the motion and the papers filed in opposition, the court consequently ordered that…

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Court Looks at Whether Defendant is Liable For Negligence

A New York Probate Lawyer said in an action to recover damages for personal injuries, the plaintiffs allegedly sustained personal injuries when the limb of a tree fell onto the motor vehicle in which they were traveling, in the defendant Village of Great Neck Estates. Thereafter, a Nassau Estate Litigation…

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