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Articles Posted in Probate & Estate Litigation

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Court Discusses Proving Testamentary Capacity

A New York Probate Lawyer said that, in this contested probate proceeding, the proponent, moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the objections and admitting the propounded instrument dated March 19, 2003 to probate. The objectant is the son of the decedent. The propounded instrument…

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Court Decides if the Account of the Public Administrator Should be Granted

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 Uniondale, on December 26, 1998. Decedent left a will dated June 15, 1979 which bequeathed her entire residuary…

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Court Decides Whether Accounting Fees and Attorney’s Fees Should be Approved

A New York Probate Lawyer said that, in this accounting proceeding, the only issues before the court are the approval of attorneys’ fees and accounting fees. The decedent died on November 25, 2004, a resident of Nassau County leaving a will dated October 12, 2004, which was admitted to probate…

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Petitioner Moves for Summary Judgment in Will Contest Proceeding

This is a probate proceeding wherein petitioner, A, moves for summary judgment pursuant to CPLR 3212 dismissing the objections to probate of the respondent, B, and admitting into probate the last will and testament of the decedent dated 7 April 1997 and a codicil dated 2 August 2006. The court…

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Court Reviews Details of Final Accounting

Before the court is the first and final account of A as ancillary executor of the estate of B; an estate litigation. The court is asked to approve attorney’s fees, commissions, reimbursement of expenses for the estate administration and the settlement of the account. A New York Probate Lawyer said…

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Court Reviews Legal Fees In Estate Administration Case

Submitted for decision in this intermediate accounting proceeding is the issue of fees and commissions. On 6 October 1999, A died. She left a will dated 8 August 1997. On 11 April 2000, the will was admitted to probate and on the same date, a letters testamentary was issued to…

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Court Finds Decedent’s Testamentary Capacity is in Question

This case is contested probate proceeding brought to the court by the nephew of the decedent, A. Objectant moves for an order pursuant to CPLR 3212 granting summary judgment denying probate to the two propounded wills dated 19 October 2001. A New York Probate Lawyer said the proponent, B, cross…

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Court Discusses Undue Influence in Will Signing

A New York Probate Lawyer said this case is a contested probate proceeding wherein the petitioner, A, the decedent’s second wife, moves for an order pursuant to CPLR 3212 granting summary judgment admitting the proffered instrument dated 21 December 2005 to probate and dismissing the objections filed by three of…

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Court Determines Legal Fees in Estate Litigation

In this Estate Litigation, the decedent, died in October 1999. Her will on 1997 was admitted to probate in April 2000. Letters testamentary issued to the decedent’s son. The son died in May 2002. Following his death, successor letters testamentary issued to the administrator in June 2002. A Nassau County…

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Probate Clears up Issue of Old Loan by Decendent

In this Probate action, the decedent died leaving a will which was admitted to probate in July 2004. The decedent was survived by his four children. A New York Probate Lawyer said the will makes pre-residuary cash bequests of $45,000.00 to each child. The will further provides that the decedent’s…

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