This is a case being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. In this case the objectants are appealing a decree made in the Surrogate’s Court of Queens County. A New York Probate Lawyer said the decree was made on…
Articles Posted in Nassau
Trustee Requests Division of Trust
The Facts: On 31 December 1915, a testator died. On 31 March 1916, his will dated 20 October 1915 was admitted to probate. The Kings County Trust Company was granted letters testamentary on 31 March 1916 and letters of trusteeship on 24 October 1934. Under the will, the testator gave…
Court Looks at Disposition of Decedent’s Gifts
The Facts of the Case: On 19 December 1947, a woman died. She was a resident of the Village of Millbrook, Dutchess County, New York. On 18 February 1948, her last Will and Testament was duly admitted to probate by decree of the Dutchess County Surrogate. Under the said will,…
Petitioner Objects to Jurisdiction
This is a matter concerning the last will and testament of the deceased Kate Freeman Clark. The case is being heard in the Surrogates Court of Suffolk County. Motion The motion that is before the court is to have the probate proceeding in this court dismissed and surrendered to the…
An Estate Administrator Seeks to Bar Property Transfer
A deceased wife, who owned a property at Brooklyn, has taken sole title as an occupant by the entirety following the death of her husband. The day after the death of the wife, a woman performed a deed whereby she allegedly conveyed, as the estate administrator and titled the property…
Court Decides Payment of Estate Taxes
A woman died and was survived by her five children. Her will, dated September 1, 2006 was admitted for probate on July 2, 2010 and letters of estate administration was issued to one of her children. The Will established a credit shelter trust for her husband, with remainder to her…
Court Decides Guardian Ad Litem Fee
This case involves the will of Josephine H. Kempisty who is deceased. The case is a probate proceeding being held in the Surrogates Court of the State of New York in Nassau County. Current Issue This probate proceeding is a review of a settlement stipulation that was negotiated and crafted…
Court Decides if Surrogates Court Abused its DIscretion
The Facts: The Respondent found among the decedent’s effects a purported will signed by the decedent but with the signatures of the witnesses torn off and missing. The respondent claims that the attorney whose name appears on the back of the will does not remember the alleged will or attending…
Court Says Larger Estate Doesnt Justify Larger Fees
A woman resident died on February 15, 2009, leaving a last will and testament dated June 28, 2007. She was survived by 19 statutory heirs, including four siblings and the 15 children of four predeceased siblings. The last will and testament leaves all of the woman’s property in three equal…
Petioner for Estate Claims Lawyer Misappropriated Funds
Sometime in 1985, the respondent was retained by a woman to probate the Last Will and Testament of her deceased mother. The respondent accepted the retainer with full knowledge that the Will would have to be probated in the Court (for estate administration or will contest; estate litigation) in which…