This is a case being heard in the Supreme Court of Queens County. The defendants in this case have moved for an order to vacate their default and to grant them leave to serve an answer in regard to the matter. Case Background A New York Probate Lawyer said the…
Articles Posted in Probate & Estate Litigation
Defendanat Seeks Declaratory Judgment to Quiet Title
The plaintiffs have started this action seeking a declaration that they are the rightful owners of a premise. They further seek a declaration that they gained the title of the premise by an adverse possession and they permanently enjoin the defendant from evicting them from the premises. A temporary restraining…
Court Analyzes Format of the Will
This is a case being heard in the Surrogate’s Court of Queens County. The matter involves the executor of a will who is requesting that the court construe the instrument, particularly the first paragraph in order to determine what is to be charged to the legacy that he receives under…
Estate Attorneys Battle Over Fees
This is a matter being heard in the Surrogate’s Court of Queens County. This is a contested probate proceeding in regard to the judicial settlement of the executor’s account, which was tried by the Court without a jury. Case Background The decedent of the estate died in September of 1981…
Court Decides a Guardianship Issue
This is a case being heard by the Queens County Surrogate’s Court. The subject of this case involves the guardianship of three children. The mother of the children passed away in October of 1975 and the father died on the 24th of May, 1976. Case History Before the father passed…
Appellant Brings Motion to Strike Affirmative Defense of Lack of Personal Jurisdiction
This case is taking place in the New York Supreme Court. Case Background There are a series of four motions in this particular case. The first motion in this case was originally brought on by the order to show cause in the Queens County court and then transferred to this…
Appellant Seeks to Enforce a Stipulation of Settlement
This is a case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The matter before the court is a contested probate proceeding. The executor of the estate is appealing an order that was made in the Surrogate’s Court of Queens…
Appellant Requests Letters of Administration
This is an appeal case being heard in the Second Department, Appellate Division of the Supreme Court of the State of New York. The petitioner in this case is appealing an order of decree made in the Surrogate’s Court of Queens County. The order is dated the 2nd of May,…
Appellants Appeal Facts from a Previous Decree
This is a matter being heard in the Supreme Court of the State of New York, Second Division of the Appellate Court. The issue involves a probate proceeding where the contestants are appealing the facts from a decree made in the Surrogate’s Court of Nassau County. The order in question…
Appellant Claims Undue Influence
This is a case being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. The case involves a contested probate proceeding. The proponent in the case is appealing a decree made in the Surrogates Court of Queens County made on the 25th of…