This is a probate case being held in the Surrogate’s Court of Queens County. The testatrix in the matter died a resident of Connecticut. She left both tangible and intangible personal property in Queens County. Her will states that her entire estate is to be divided equally between her two…
Articles Posted in Probate & Estate Litigation
Court Decides Disposition of Real Property
In a discovery hearing held before the Surrogate’s Court of the City of New York located in Nassau County the estate is seeking to establish the existence of a leasehold interest in commercial real property and to enforce its provisions. A New York Probate Lawyer said the petitioner has submitted…
Court Determines if Will is Valid
This case involves a probate proceeding and is being heard in the Surrogate’s Court of Kings County. A New York Probate Lawyer said he instrument that is offered for probate in this matter is written on a regular piece of notebook paper that has been folding in half to form…
Appellants Contends Decedent Lacked Testamentary Capacity
This is a case being heard in front of the Supreme Court of the State of New York, Appellate Division, and Second Judicial Department. The case is a contested probate proceeding. The objectant of the case is appealing a decree made by the Surrogates Court of Queens County. The decree…
Court Interpretes Last Will and Testament
This is a probate matter dealing with the will of the decedent. In this proceeding it has been requested that a construction of specific paragraphs of the decedents will be conducted. A New York Probate Lawyer said in the second paragraph of the will it is clearly written that the…
Petitioner Challenged Bequest of Retirement Account
This case is being heard in the Supreme Court of the State of New York, Appellate Division, and Second Department. A New York Probate Lawyer said this is an appeal made by the petitioners of the matter. The petitioners are appealing an order that was made in the Surrogates Court…
Executor Petitions for Judicial Settlement
This is a case being heard in the Second Judicial Department of the Supreme Court of the State of New York, Appellate Division. The case is a probate proceeding where the executor of the estate petitioned for judicial settlement of the decedent’s estate. A New York Probate Lawyer said the…
Court Looks at the Intent of the Decedent
Establishing the jurisdiction that will handle a probate action in a New York Probate Court sometimes requires the knowledge of the decedent’s entire residential history. Just because a person dies in one county does not mean that the probate should be handled by that county. Probate in New York Law…
Court Finds Executors Pay Excessive
This is a case being heard in the Surrogate’s Court of Queens County. The court has started this proceeding in regard to its own administrative rule that requires an account to be filed within a year of the date a fiduciary is appointed who is also an attorney. Case Background…
Petitioner Claims Will Not Valid
An instrument alleged to have been executed in December of 1955 by the decedent is being offered for probate in the Surrogate’s Court of Queens County. The instrument names an executor and an attorney and draftsman as well. Case Background The decedent passed away in April of 1957. She was…