The appellants of a probate case have filed for an objection against the original ruling of probate by the court. The court did not accept the objections of the appellants. According to the objections of the appellants, they asserted that the surrogate court should have used its authority to decide…
Articles Posted in New York City
Court Dicusses Validity of Joint Will in Light of Recent Divorce Proceeding
A couple executed a Joint Will that will make whoever is the survivor among them as the one to be given the entire property whether own individually or several and be the executor of the irrevocable Joint Will. The Joint Will further provided that whatever remained after the death of…
Court Questions Appointment of Guardian ad Litem
This case is not about estate litigation but about the petition of a guardian in Vermont County for ancillary committee designation covering the properties of his ward in New York County. The Guardian ad Litem in New York questioned the appointment of the petitioner as guardian of the old woman…
Can a Witness to a Will Signing Also be a Beneficiary?
A New York attorney applied for letters of administration upon the request of the executor of a will. The said executor is also the beneficiary and a nephew of the decedent who was a New York resident at the time of her demise. Upon closer observation of the will, it…
Court Determines of Undue Influence Involved in Will Case
A lady testator co-owned an apartment building in New York with her two sisters. The bulk of her estate came from her share in the rent income she derived from the apartments and the value of the apartment building and its premises. She executed a will on September 16, 1997…
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…
What are Appropriate Legal Fees in an Estate Case?
On 4 July 2009, the decedent died prompting the petitioner to employ the services of a lawyer. A retainer Agreement was entered into by the parties stipulating the amount of attorney’s fees to be paid. Thereafter, the petitioner questioned the amount billed by the lawyer as his attorney’s fees alleging…
Court Decides Jurisdiction Between French and NY Wills
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…
Court Rules on Fees to be Paid to the Guardian ad Litem
The decedent, a resident of Nassau County died on January 24, 2006 who on October 24, 2003 created the Revocable Trust U/A during which he executed his will now offered for probate. The instruments were drater by the long time attorney who supervised the execution of both documents. Bulk of…
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…