On 2009, a mother with her two daughters died at the hand of their husband and father. After the incident, the father committed suicide and died later that same day. Consequently, the mother’s cousin granted the temporary letters of estate administration of the three deceased. The mother was survived by…
Articles Posted in Manhattan
Petitioner Files Application to Modify Trust
The Facts: On 13 April 1968, a woman (hereinafter The Decedent) died leaving a will. The petitioner, a Child Care Society (hereinafter Child Care Society), seeks to modify the decedent’s will to designate a Residence for Boys (hereinafter Residence for Boys) as a beneficiary of a testamentary trust (hereinafter Testamentary…
Court Decides Validity of Will
The Facts: On 11 March 2011, a decedent died testate at the age of 91. She was survived by one child. Under her will dated 18 November 2010, decedent gave her personal property to her child, $6,000 to Children International, $10,000 to another individual, the proceeds of an insurance policy…
Court Discusses Jurisdiction Issue Regarding Probate Proceedings
A woman died in October 1951. She executed a last will and testament nine years earlier in 1942. This will was submitted for probate and was admitted into probate in St. Lawrence County. The legatees of a more recent will allegedly executed by the woman in June 1951 four months…
Court Rules That Trust Acted as a Substitute Will
A man created a living trust. A living trust is one where all the man’s assets are put in a trust with a bank or trust company and the income earned by his assets will be paid out to the man himself. The problem with this living trust the man…
Court Decides Non-Marital Child’s Status
In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed…
Court Decides Status of Real Estate in Decedent’s Estate
The Facts: On 31 May 1988, a man (the testator) executed a last will and testament in which he devised and bequeathed a life estate interest in premises located at Hopkins Avenue, County of Kings, State of New York, (Hopkins Avenue property) to defendant, including the right for her to…
Petitioner Requests a Contingent Executor
The Facts: On 13 October 2006, a decedent died without a spouse or children and leaving a will dated 5 September 1986. Under the will, in the event that one of the decedent’s brothers (“the brother”), who is the nominated executor, and the decedent’s nephew, the first named contingent executor,…
Petitioner Seeks to Remove Fiduciary
This is a probate case regarding the last will and testament of Edith A. Johansen. The case is being held in the Surrogate’s Court of the State of New York in the county of Nassau. Application This case is a request for application for preliminary letters testamentary. A New York…
Court Hears Real Property Case
In this case, the Bay Street Landing Home Owners Association is the Plaintiff, while the defendants include PDR Bay Street/St. George, LLC, Philip Ressa and Estates at Bay Street Landing, LLC. History A New York Probate Lawyer asked the plaintiff asked for a summary judgement for $300000 and interest. The…