A husband and wife were American citizens domiciled in Israel. The wife executed a will on January 12, 1987 and died on February 25, 1991 in Israel. The husband executed a will on January 14, 1988 died April 11, 1991 also in Israel. The wife’s will provided that her entire…
Articles Posted in Long Island
Estate Executor Brings Action for Lack of Payment
This is not really estate litigation as it is a case involving the commission/fees of a person who was assigned to perform the accounting of the wealth of a decedent. It all started when a wealthy individual commissioned a lawyer-friend to write his will and named the said lawyer together…
Court Determines Jurisdiction of Will between Florida and NY
A woman died in Florida on January 17, 2985. She had assets in Florida and New York. Her will was drafted and executed in New York under the supervision of her New York lawyer who is also the named executor in her will. He is the one who petitioned the…
Court Determines Distribution of a Trust and Will Assets
In 1935, a trust fund was created by a mother in favour of her son which provides among others that in the event of the death of her son, the trust shall be divided in 6 equal parts and one of which shall be held in trust for her grandson.…
Supreme Court Decides 5 Will Contest Cases
This is a decision of the Supreme Court deciding jointly five cases where despite the existence of will that can be admitted into probate, the parties who could be beneficiaries under these wills decided to ask instead for letters of administration. The surrogate courts, in its discretion, thinking it wiser…
Will Contest Involving Several Properties
This is a will contest involving several properties. One of the parties is Mrs. A, the wife of the decedent, the others are the two named preliminary executors identified in the will, the guardian ad litem of the minor child of the decedent, and lastly Mrs. B, the other wife…
Court Rules on Will Contest Between Close Friends
This is a will contest involving not relatives but unrelated parties. The case stemmed from the will submitted for probate. The will that was executed by the decedent gave a very substantial amount to an alleged very close friend. Prior to this, several wills were also executed by the decedent…
Court Rules on Will Contest between Brothers
A testator in her lifetime made a will. Her husband and three children outlived her. The will was brought to a probate court for legal procedure. Named in the instrument were the three adult children as co-executor with full power over the estate of the decedent. Not mentioned in the…
Court Addresses Executor Fee Dispute
A man from New York City executed a Will and its appendices and named a German Catholic Church his principal beneficiary in his last will and testament. The Will was challenged by the executors of a prior will executed in 1972. The appellant firm that represented the deceased man appealed…
Court Decides Estate Litigation Case
On 28 October 2006, the decedent died leaving a will dated 27 April 2006. The will nominates two (2) executors. Thereafter, one of the executors renounced his appointment. The decedent was survived by his two adult children. Under the will, the entire residuary estate is left to the decedent’s companion…