A New York Probate Lawyer said that, before the court is the first and final account of the Public Administrator for the estate of the decedent, who died intestate, a resident of Hempstead, on June 21, 1993, leaving one daughter, surviving. Limited letters of administration were issued to the Public…
Articles Posted in Probate & Estate Litigation
The Issue in this Case is Whether the Venue is Proper
A New York Probate Lawyer said that, this proceeding requires consideration of SCPA 205 (L 1984, ch 128, effective June 21, 1984) which substituted the flexible and waivable concept of venue for the inflexible and non-waivable concept of subject matter jurisdiction in all proceedings brought in the Surrogates’ Courts of…
Petitioner Contends Undue Influence
A New York Probate Lawyer said in this Will Contest proceeding, the decedent died in May 2006, survived by his wife and their two children, the proponent and the objectant. The wife suffers from Alzheimer’s disease. Her cousin and an attorney, were appointed her guardians pursuant to Article 81 of…
Court Hears Petitioner’s Application for Certificate of Letters of Administration
A New York Probate Lawyer said that, this is an application for a certificate of letters of administration, which involves a question as to the status of the county treasurer as administrator, on which question there appears neither direct statutory provision nor decision directly in point. A Nassau Estate Lawyer…
Court Discusses Disposition of Real Property in Probate Proceeding
A New York Probate Lawyer said this action emanates from a foreclosure proceeding involving property located in New York. That property was owned by a woman who died intestate. Her brother administered her estate as voluntary administrator. It appears, although it is not entirely clear, that the brother was his…
Petitioner Seeks to have Will Codicil Admitted into Probate
A New York Probate Lawyer said that, this is an uncontested proceeding to probate a copy of the last will and testament of the decedent. The will is dated June 26, 2002, the original of which cannot be located. The petitioner is the nominated alternate executor, the decedent’s daughter. The…
Court Rules on Case Involving Lost Will
A New York Probate Lawyer said in this Will Contest proceeding, a motion was filed for the allowance of an attorney from testifying at an examination before trial, and for a further order precluding the respondent for failure to file an adequate bill of particulars. A New York Will Lawyer…
Petitioner Brings Case to Probate Lost Will
A New York Probate Lawyer said that a probate proceeding was brought by the Petitioner for the probate of a lost will purportedly executed by her decedent brother. A New York Will Lawyer said that the decedent died in September 2005. A will executed on in 2003, which provided for…
Petitioner Requests Letters Testamentary
A New York Probate Lawyer said this probate proceeding, two of the three preliminary executors move for an order disqualifying their former attorneys from representing the objectants; the motion is opposed. A New York Will Lawyer said that the decedent died in November 2010, survived by a spouse and two…
Court Decides Disposition of Family Business in Estate Case
A New York Probate Lawyer said the decedent died a resident of Nassau County in December 2010, survived by his sister, the petitioner; and by his brothers, respondent and movant herein. The decedent’s last will and testament executed in May 2000 was offered for probate by the petitioner, who is…