This action stems from plaintiff’s attempt to purchase certain real property, located at Bronx County (“subject property”), in August 2005, from four members of a family. New York Probate Lawyers said one of the members, a lady, died testate in February 1986. Under the terms of her Will, her husband…
Articles Posted in Suffolk County
Administrator Moves to Dismiss Petition by Two Creditors
In this miscellaneous proceeding, the respondent, administrator de bonis non, moves to dismiss the petition by two alleged creditors for revocation of his letters pursuant to CPLR 3211 (a) (2) and (3). A New York Probate Lawyer said that the decedent died in April 1939, intestate. The decedent was the…
Court Decide Issue of Estate Tax in Estate Case
A New York Probate Lawyer said that, the decedent, died on January 4, 2006, survived by two children, the petitioners herein. A purported will dated July 16, 2003 and codicils dated September 29, 2004 and April 5, 2005 (herein collectively referred to as the “purported will”) have been offered for…
Court Decides if Objections to Guardian Ad Litem Report Should be Granted
A New York Probate Lawyer said that, in this probate proceeding, the decedent was survived by her husband and her three adult children. The propounded instrument nominates all three sons as co-executors and bequeaths the entire estate to them, to the exclusion of her husband. The decedent’s husband is a…
Court Rules on Action to Vacate Deed
A New York Probate Lawyer this is an action to vacate a deed or, in the alternative, impress a constructive trust, which was originally commenced by RM, as executor of the estate of MM, in the Supreme Court of Nassau County. The proceeding was later on transferred to the court…
Objectant Moves for Disqualifying Counsel
A New York Probate Lawyer said this probate proceeding, objectant moves for an order disqualifying counsel, the petitioner and nominated executor under the will of the decedent. The lawyer crossmoves for sanctions on for making a frivolous motion. A New York Will Lawyer said that the motion was brought in…
Court Hears Case Regarding Validity of Will
A New York Probate Lawyer said a woman died at the age of 91 and was survived by five nieces and nephews, who are the children of her two predeceased brothers. She left no other successor. The daughter of the woman’s niece offered for probate a document as the woman’s…
Petitioner Alleges Undue Influence Regarding Will Execution
A New York Probate Lawyer said that, in this contested probate proceeding, the proponent, the daughter of the decedent, moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the objections and admitting the propounded instrument dated June 25, 2007 to probate. The objectant, who is the son…
Court Discusses Reasonable Attorney’s Fees in Probate Case
A New York Probate Lawyer said that, submitted for decision in this accounting proceeding are the issues of (i) attorney’s fees; (ii) accountant’s fees; and (iii) commissions. The decedent, died on February 26, 1996, a resident of Nassau County, leaving a will dated March 9, 1984. The will was admitted…
Court Hears Case Regarding Probate with Foreclosure Involved
In an action transferred to the court from Supreme Court, Nassau County, one of several defendants, a Home Loan corporation, moves the court for an order dismissing the complaint against it. Plaintiffs opposed such motion and cross-move for summary judgment dismissing the answer, or, in the alternative, striking its fourth…