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Articles Posted in Probate & Estate Litigation

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Court Decides Case Regarding Rhode Island’s Non-claim Statute

A New York Probate Lawyer said that, plaintiff was a patient of the decedent doctor, a general dentist. He died on September 12, 2005. Although he lived in New York at the time of his death, a probate estate was commenced in Rhode Island where he possessed property and where,…

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Court Decides Validity of German Will

In this proceeding the petitioner requests probate of a will executed in 1955 while the decedent was domiciled in New York County. A New York Probate Lawyer said that the petitioner is an appointed executor of a will which bequeaths the residuary estate to a New York charity. Decedent journeyed…

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Court Rules on Accounting Proceeding

A New York Probate Lawyer said this is an accounting proceeding in which the court is asked to determine whether assets of the estate located in New York should be distributed directly to legatees or whether they should be transmitted to the California administrator for distribution there. A New York…

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Court Dicusses Trust with PourOver Will for Infant

New York Probate Lawyers said that, the report of the guardian ad litem for infant remainder men of the residuary trusts makes certain recommendations, some of which are in reality objections to the account. A New York Estate Administration Lawyer said that, a trust which the decedent had created provided…

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Creditor Requests for Ancillary Letters of Administration

A New York Probate Lawyer said that, a person claiming to be a creditor of the decedent applies for the issuance to him of ancillary letters of administration. It is conceded that the decedent was domiciled in Ohio, and that letters of administration were issued by a competent tribunal of…

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Husband Files Objection to Wive’s Donation to Chartities

In this Estate Litigation action, the will of the testatrix bequeathed her husband a general legacy of $2,500 and named him as income beneficiary of a trust of one-half of the residuary estate. The remaindermen of this trust are charities as also are the legatees of the remaining one-half of…

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Petitioner Raises Issue of Undue Influence

In this Will Contest action, the objectants move for reargument of the Court’s decision. Petitioners cross move for summary judgment dismissing the objections. A New York Probate Lawyer said that decedent died in July 1992. Petitioners, as nominated co-executors, seek to admit to probate an instrument executed sometime in June…

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Petitioner Seeks to Amend Charitable Trust

A New York Probate Lawyer said that, the testatrix died on April 7, 1970. Her will, dated January 30, 1967, was admitted to probate on June 9, 1970 and letters testamentary issued on June 24, 1970. In Paragraph SIXTH thereof she created a perpetual charitable trust to be known as…

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Petitioner Files Motion to Compel Production of a Will

The proponent, A, in this probate proceeding is a devisee and nominated co-executor under the propounded instrument dated 16 February 1994. A moves for summary judgment admitting the will to probate, dismissing the joint objections filed by B, the decedent’s cousin, who is the beneficiary of a larger bequest under…

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Court Discusses Will Valid Will Construction

Decedent died in March 1990 at the age of 91 years. Her distributees are three nieces and one nephew. A New York Probate Lawyer said the propounded instrument is a two-page typewritten document containing a modest bequest to one of decedent’s nieces and bequeathing the residue of this estate, alleged…

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