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Articles Posted in Probate & Estate Litigation

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Court Discusses Insurance Claim for Real Property

Respondent Estate Company is the owner of commercial rental property located at 33 West 19th Street in Manhattan. Respondent had a commercial property insurance policy with appellant Insurance Company which included “Builders’ Risk Coverage,” covering damage to its property while undergoing renovation. A New York Probate Lawyer said that during…

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Court Discusses Kinship Hearing

This is a motion after a kinship hearing, holding that the entire distributable estate of a deceased woman should be deposited with one person. The complainant seeks to leave to present additional testimony. A New York Probate Lawyer said the request for the alternative relief of reopening the hearing appears…

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Court Discusses Decedent’s Gift to Charity

A man died and his last will was admitted to probate approximately five months thereafter. A New York Probate Lawyer said the complainant in this matter has a one-quarter remainder interest in the residuary trust established under the man’s last will. One of the paragraphs in the last will is…

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Court Decides Ownership of Multiple Parcels of Property

A man died on January 30, 1956. His will was duly admitted to probate by decree of this court entered on March 5, 1956. Letters of testamentary were issued there under to the decedent’s spouse, the nominated executrix. A New York Probate Lawyer said the man’s will bequeathed one-third of…

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Court Decides Validity of Will Instrument

A New York Probate Lawyer said a man died with assets having a value of slightly less than $1,000,000, divided approximately equally between testamentary and non-testamentary assets. The proposed last will contains pre-residuary legacies to each of the man’s two nieces, his only successors, and to a friend. The residuary…

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Court Discusses Putnam Rule in Will Contest

A New York Probate Lawyer said that, in this probate proceeding, decedent’s will was previously admitted to probate by decree entered on April 15, 1983. These were dealt with on an interim basis by the decree admitting the instrument to probate prohibiting any distribution of the legacies which were then…

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Petitioner Alleges Legal Malpractice

A New York Probate Lawyer said that, in this SCPA 2103 discovery proceeding, respondents, the two principals in a law firm, move under CPLR 3211 to dismiss the petition seeking damages against them for their alleged legal malpractice. The discovery petition alleges that decedent and her post-deceased husband had told…

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Court Discusses Will Construction Statute

A New York Probate Lawyer said that, in this uncontested probate proceeding, the primary issue is whether the “within one thirty day period” for the completion of the will ceremony prescribed by EPTL 3-2.1(a)(4) commences on the date of the signature or the date of the first acknowledgment where the…

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Court Rules on Probate Case Regarding Testamentary Capacity

A New York Probate Lawyer said that, in this motion for summary judgment, the nominated executor under the propounded instrument dated January 14, 1949 seeks a judgment admitting the will to probate. The New York Province for the Society of Jesus (the Jesuits) is the sole beneficiary under the propounded…

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Court Discusses Problem with Will’s Signature and Format

In this probate proceeding, the propounded instrument upon its face raises a question as to its conformity requiring that a will be signed by the testator “at the end thereof”. A New York Probate Lawyer said in the instant instrument, the testatrix’s signature appears below that of the subscribing witnesses.…

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