One of the roles of the administrator of the estate is to bring claims on behalf of the estate. In this case, the administrator filed a wrongful death claim on behalf of the estate of his deceased minor daughter. The defendant responded by challenging the administrator’s eligibility to serve as…
In a will, the testator names the person or persons who he (or she) wants to serve as the executor of his estate. The executor has a great deal of responsibility, as he will be responsible for managing the decedent’s assets, paying estate bills, and distributing them to his beneficiaries. …
In the Estate of Tappan, the daughter of the decedent who was also the administrator of his estate, sought permission from the Surrogate’s Court to resign. An executor or administrator is the person or entity that is appointed by the Surrogate’s Court to manage a decedent’s estate and distribute its…
NY Slip Op 05266 The petitioner brought this case to enforce an oral agreement that would be void because of the statute of frauds. The petitioner’s grounds for this action are unconscionability of the statute of frauds. The court agrees that when promissory estoppel is satisfied it would be unconscionable…
In this case the Surrogate’s Court considers the whether to grant a petition for guardianship of a person who suffers from intellectual and physical disabilities and is unable to care for herself. Petitioner Laut appeals the denial of a petition she filed under SCPA Article 17-A for guardianship of her…
In this probate case the court considered the question as to whether it has the authority to consider extrinsic evidence in the determining how to interpret ambiguous terms of a last will and testament. In her last will and testament, decedent Bruce made a provision as to the disposition of…
The respondent MJP holdings moves for an order dismissing the petition for lack of subject matter jurisdiction, and because a prior action is pending for the same issue in a different court. Despite the fact that the proceeding was heard on 6/1/18, the history of this case goes back 40…
Matter of S. 2017 NY Slip Op. 07446 October 25, 2017 Decision This case is an appeal from Kings County Surrogate Court. The order vacated a prior order from July 2015 which denied the motion of CB and ME for a summary judgment, dismissing BB’s objections to probate. The court…
In this case the Surrogate’s Court had to consider issues related to a contested guardianship under Mental Hygiene Law Article 81 and invalidating a property conveyance by the person who is the subject of the guardianship. Mental Hygiene Law Article 81 provides that upon petition, the Surrogate’s Court can appoint…
In this probate proceeding the court had to address an issue related to the construction of terms in the will related to the restriction on the disposition of real estate. Decedent M. Bonanno died in 2002, leaving a last will and testament dated August 1, 1983. The Surrogate’s Court admitted…