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Articles Posted in Manhattan

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Court Rules on No Contest Provision of the Will

This issue was brought to the court to extend the time to file objections in validation of the will and a motion for construction of the provision. This is concerning the legal proving of the will of a woman who died, leaving a taxable estate of almost two million dollars.…

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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 Rules on Reasonable Attorney and Accountant’s Fees

This case pertains to the accounting proceeding relative to attorneys fees, accountant’s fee and commissions. In February 26, 1996, the decedent died leaving a will dated March 9, 1984 which was decreed on May 18, 2004 to which a letters of administration was issued to the Public Administrator on said…

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Court Conducts an Accounting Proceeding

Before the Nassau County Surrogate Court is the Public Administrator’s motion to dismiss the objections in a contested accounting proceeding. The woman decedent, a resident and domiciliary of Nassau County, died testate. She was survived by her daughter and three sons. Decedent executed a last will and testament bequeathing her…

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Court Determines if it has Subject Matter Jurisdiction

On 28 December 1993, the decedent died. On 28 January1994, The decedent’s Last Will and Testament was admitted to probate (no will contest) and letters testamentary were issued. The issue here (estate litigation) is whether or not an order consenting to a transfer to the Nassau County court of an…

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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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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…

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