In this Estate Litigation action, a creditor of the deceased filed a petition. Petitioner asks the court to issue limited letters of administration to the Public Administrator of Nassau County so that he can defend the estate against creditor’s mortgage foreclosure action against decedent’s residential real property. The petition avers…
Decedent, by codicil, nominated his attorney and that attorney’s accounting partner as co-executors of his estate. It was apparent from the outset of the probate proceedings that this estate was of sufficient financial magnitude as to fall within those provisions entitling each fiduciary to seek a full commission. According to…
A New York Probate Lawyer said in an action transferred to this court from Supreme Court, Nassau County, defendant moves for an order directing the County Clerk of Nassau County to cancel a notice of pendency filed in connection with the action and for an order quieting title in the…
A New York Probate Lawyer said iIn related probate and miscellaneous proceedings regarding the estate of the decedent, before the court is a proposed stipulation of settlement resolving the issues in both proceedings. Because the interests of the decedent’s infant son may be affected by the settlement, the approval of…
The decedent died on February 7, 1946. Shortly thereafter the executrix filed with the court a petition for the probate of the decedent’s will, together with her oath and designation. Jurisdiction of all necessary parties was obtained and the proceeding was marked for decree on July 10, 1946, subject to…
A man died leaving a last will and was subsequently admitted to probate. The letters testamentary was issued to the deceased man’s youngest son. Still, the last will bequeath the man’s residuary estate equally to his three sons. A New York Probate Lawyer said in the court suspended the letters…
In this estate case, New York Probate Lawyer said that a hybrid proceeding pursuant to CPLR article 78, inter alia, to review real property tax assessments for tax year 2008 and action for a judgment declaring that certain undeveloped parcels of real property owned by the petitioner/plaintiff were unlawfully assessed…
Two cases before two (2) courts involve the same or similar issues, that is, the jurisdictions of both courts in ruling upon the probate proceedings filed before it. First Case: A New York Probate Lawyer said that on 26 April 1954, the decedent was committed to a State Hospital. Thereafter…
A New York Probate Lawyer said this is a contested probate proceeding after trial before the court and a jury wherein a verdict was rendered by the jury finding that at the time of execution of the propounded instrument the decedent lacked testamentary capacity and that the execution of the…
A New York Probate Lawyer said this is an appeal from an order of the County Court of Delaware County entered June 23, 2006, which, among other things, dismissed petitioner’s application, in a proceeding pursuant to RPAPL article 7, to recover possession of certain real estate property. In August 2005,…