In the case of In re Carney’s Will, the Surrogate’s Court considered whether it should allow a party to reopen probate and contest a will a year after the will was admitted to probate letters testamentary issued to the executor. New York requires that certain procedures must be followed to…
In a contentious probate case, the specific issue that is before the Surrogate’s Court is whether it should revoke the letters of the preliminary executor based on misrepresentations and negligence. Under New York law, regardless of who a testator nominates in his (or her) will to serve as executor of…
The issue before the Surrogate’s Court is whether a copy of a subsequent will is sufficient to revoke a prior will and prevent it from being probated. This matter is related to probating a will dated May 27, 1997, which is purported to be the last will and testament of…
In this case the Surrogate’s Court considers the whether to grant a petition for guardianship of a person who suffers from intellectual and physical disabilities and is unable to care for herself. Petitioner Laut appeals the denial of a petition she filed under SCPA Article 17-A for guardianship of her…
In this case the Surrogate’s Court considered the issue as to whether to entertain an objection to probate of a will 30 years after it was originally admitted to probate. This case relates to the probate proceeding of the will of decedent Schnall. Schnall executed the will in 1976. She…
The respondent MJP holdings moves for an order dismissing the petition for lack of subject matter jurisdiction, and because a prior action is pending for the same issue in a different court. Despite the fact that the proceeding was heard on 6/1/18, the history of this case goes back 40…
The issue before the Surrogate’s Court is whether a will was properly executed. New York estate law requires that in order for a will to be valid, it must meet certain technical requirements related to execution. That is the requirement now, and it was also the requirement decades ago when…
In this case, the Surrogate’s Court was asked by two of the decedent’s creditors to revoke the estate administrator’s letters of administration because in petitioning the court for letters of administrator, the petitioner mispresented his status as a distributee of the decedent’s estate. The decedent, J. Young, was a successful…
A New York Probate Lawyer said that, before the court is the motion of the nominated successor co-trustee of the trusts created under Paragraphs Second, Third and Sixth of the will of the decedent. Movant seeks summary judgment pursuant to CPLR 3213 granting his petition for appointment as successor co-trustee…
In 1982, the decedent, I. Berk, executed a will naming his sons, J. Berk and H. Berk, as the co-executors of his estate. The will also left his entire estate to his sons and his grandchildren. I. Berk was a successful businessman with substantial assets. Over time I. Berk’s physical…