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Articles Posted in Nassau

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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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Brothers Bring Will Contest Action over Division of Family Business

A resident of Nassau County died on 28 December 2010 and was survived by his sister, the petitioner; and two (2) brothers, the respondent and movant herein. The decedent’s last will and testament dated 23 May 2000 was offered for probate (estate litigation or estate administration or will contest) by…

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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 Says it has the Power to Compel Fiduciary to Produce Information

A testator died and his executrix successfully had his will admitted into probate. The executrix had already rendered an accounting of the properties of the estate and she was in the process of litigating claims for and against the estate. She is readying the estate for distribution to the distributees…

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Court Decides Jurisdiction Issue of French Will

This case started in 1951 when one of the heirs of the decedent applied for ancillary letters of administration concerning holographic will that was said to be executed in France. In his petition, it was alleged that the decedent was a resident of France who died in the same country…

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Court Determines Will Contest Issue

An alleged will was found by the accused among the deceased person’s possessions. The document was signed by the deceased but the signatures of the witnesses are torn off and missing. The accused states that the attorney whose name appears at the back of the will does not remember having…

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Courts Decide Will Contest Regarding German vs. American Wills

This proceeding is about the two last wills made in different states by a deceased woman. The petitioner in this appeal requests for the validation of the will executed in 1955 while the deceased was in New York County. The petitioner as the representative in administering the assets leaves the…

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Court Determines Jurisdiction of Conflicting Wills

An American citizen who was domiciled in Austria made two wills in 1962 and in 1964. The 1964 will was brought before the Surrogate’s Court in New York for probate by the testator’s lawyer who was also his executor. In this will, the testator revoked all prior wills and he…

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