In connection with a petition for probate, the court has before it for review a stipulation of settlement which was expertly negotiated and crafted by the guardian ad litem appointed to represent the interests of decedent’s sister. A New York Probate Lawyer said that decedent, a resident of New Hyde…
Articles Posted in Queens
Case Issue is Whether Court Erred in Denying Probate of a Will
A New York Probate Lawyer said that, the decree denying probate to the propounded instrument reserved for determination by supplemental decree all applications for costs, allowances, and fees. The attorney for petitioner who claims to be the sole statutory distributee of the decedent, asks the court to fix his reasonable…
Court Discusses the Issuance of Premliminary Letters Testamentary
A New York Probate Lawyer said that, a motion and cross motion places in issue the rights of persons interested in this estate to obtain discovery from the preliminary executor pursuant to subdivision 4 of SCPA 1412. In 1963, based upon the recommendation of the Bennett Commission, the Legislature created…
Claimant Brings Suit Based on Oral Promise by Decedent
A New York Probate Lawyer said that, this is an application by the preliminary executors in a probate proceeding to dismiss a claim asserted against the estate. This claim to one-half of the estate was made by the claimant simultaneously with his opposition to a decree approving a compromise agreement…
Petitioners Look for Power to Evict Tenants from Property
The Facts of the Case: On 30 December 2006, the decedent died a resident of Nassau County leaving a last will and testament dated 13 July 2006. On 19 March 2007, the will was admitted to probate and letters issued to A and B as co-executors and co-trustees. After making…
Court Determines the Proximate Cause of Injuries
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 New York Probate Lawyer said that, the plaintiffs commenced…
Court Decides Whether Determination and Notice of Violation is Null and Void
The plaintiffs own 1 of 20 lots comprising a subdivision known as Estates at Brookview. As such, the plaintiffs are members of the Estates at Brookview Homeowner’s Association (hereinafter the Association) and subject to its bylaws and “Declaration of Restrictions, Covenants, and Easements” (hereinafter the Declaration). In the fall of…
Here is Why You Should Have a Living Will
No one really wants to think about what is going to happen when they die. However, it is necessary to plan for this. There are several documents that should be part of your estate plan. The first is the will. This document provides information about what you wish to happen…
Court Rules on Will Contest
The decedent died on April 15, 1954 leaving a last will and testament that was admitted to probate on April 30 of the same year. He was survived by his wife and his brother. After about 11 and 1/2 years, the wife filed an appeal under the Decedent Estate Law…
What new tax laws will mean for married couples, explains New York Estate Planning Lawyers
In 2010 when a person died, there would have been no estate tax owed, according to a New York Probate Lawyer. He added that in 2010 the estate tax had been repealed. In 2011, estate taxes will be reinstated but a high amount of $5 million will be set. In…