In the intricate landscape of estate administration, the case of Douglas A. Bender’s intestate demise brings to light the complexities surrounding wrongful death claims and the allocation of settlement proceeds. This blog delves into the details of the case, exploring the legal intricacies, orders of the court, and the pivotal…
Contested probate proceedings often unravel complex familial dynamics and legal intricacies, and the case at hand is no exception. In this case that was heard by the Surrogate’s Court, Kings County, the issue of fraud and undue influence in the execution of Maria Capuano’s will was at issue. Undue influence…
The intricacies of wrongful death settlements often unravel in unforeseen ways, as evidenced by Matter of Buscemi, 32 A.D.3d 1021 (N.Y. App. Div. 2006), a case that developed following the death Lorraine C. Buscemi’s tragic demise. A wrongful death compromise arises when an individual’s demise results from another party’s wrongful…
Undue influence in the context of probate refers to the exertion of improper pressure or coercion that significantly impacts an individual’s free will in executing a will or trust. It involves manipulating the testator to make provisions that they may not have otherwise made, undermining their independent decision-making. The legal…
A contested will refers to a legal situation where disagreements arise among heirs or beneficiaries regarding the validity or terms of a deceased person’s will. Such disputes often involve challenges to the will’s authenticity, claims of undue influence, coercion, or disputes over the rightful distribution of assets. When individuals contest…
When someone dies due to the negligence of another person or entity, a determination must be made as to whether settlement amounts are due to wrongful death or pain and suffering. Amounts that are allocated to “wrongful death” are owed to the decedent’s heirs, while amounts allocated to “pain and…
The case revolves around the contested probate of Santine Porpora’s last will and testament, dated March 14, 2011. The petitioner, John Porpora, seeks to probate the will, while Jan Porpora and Decedent’s grandchildren, Nicole Wagner and Jenny Eisenhauer object, alleging undue influence. Background Facts Santine Porpora, the decedent, passed away…
In re Eastman involves the issue of undue influence. Undue influence refers to the exertion of improper or coercive pressure on the testator (the person making the will), influencing them to make decisions that go against their own free will and desires. It involves a level of manipulation that overcomes…
In re Rottkamp, 95 A.D.3d 1338 (N.Y. App. Div. 2012) is about a contested probate case, centered on the last will and testament of Jacob H. Rottkamp. The objectant, Janis Rottkamp, challenges the probate, alleging lack of due execution, the decedent’s lack of testamentary capacity, and the influence of fraud…
Cases involving wrongful death settlements can be quite complex, as demonstrated in the case of In re Torres, 28 Misc. 3d 677 (N.Y. Surr. Ct. 2010) , involving the New York City Department of Social Services (DSS). Wrongful death occurs when an individual dies due to the negligent or intentional…