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Articles Posted in Long Island

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Court Decides if Decedent was Under Undue Influence at Will Signing

The petitioners in this case have filed a motion for summary judgment which will dismiss the public administrator’s objections. The petitioners are also seeking the admission of the testator’s will for probate. Before the death of the testator, he had been living in a facility for the elderly for many…

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Court Decides Jurisidiction for US Citizen with Properties in South America

A rich man died leaving several properties in Central America and two States in the U.S. Almost two and one-half years later, a petition was filed in the court of a U.S. State by the Country of the deceased man for the order which is alleged to have been destroyed…

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Court Decides if Signed Waiver and Consent to Probate is Valid

A man who died in New York City was survived by two brothers. One lived in Endicott and the youngest in Pennsylvania who drove to Endicott and arrived in the evening to attend his brother’s funeral the following day. Prior to the funeral, the youngest brother suggested that arrangements be…

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Petitioner Seeks Order Vacating Settlement Agreement

In this probate proceeding, petitioner filed a motion seeking an order of vacating a settlement agreement and a renunciation and disclaimer of its purported execution to render said stipulation effective. Decedent was survived by his spouse, herein petitioner, and two children of decedent from prior marriage as respondents to the…

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Man Dies with 11 Children, Only 1 Named in Will

In January 13, 2007, the father died survived by 11 children: three from the first marriage, four from the second marriage and four alleged non-marital children. The purported will was offered for probate benefits only one child from the first marriage, Angela Manning, who inherits the entire estate and named…

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Court Determines if it has Proper Jurisdiction for Probate

In this case, the only issue that has to be determined by the court is whether or not it has jurisdiction to entertain the probate of the decedent’s last will and testament. The facts of the case state that the decedent was a resident of New York when he executed…

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Court Determines Who Letters Testimentary Should Be Issued To

On 14 December 2005, the decedent died leaving a will dated 13 September 2005 (the “2005 Will”) and a prior will dated 24 January 2003 (the “2003 Will”). She was survived by three (3) daughters. Under the 2003 will, two (2) of the decedent’s daughters are named as executor and…

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