The case deals with the estate of the decedent of which the distributees are unknown. The Supreme Court of the State of New York in Suffolk County is overseeing this particular matter. Case Background This action was commenced to foreclose a mortgage on real property located at 83 Orange Street,…
Articles Posted in Probate & Estate Litigation
Respondent Filed a Petition for Letters
This case is being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The appeal in this case involves an application made by the administratrix of an estate to disqualify the attorney as her co-administrator. The attorney previously represented both parties but…
Siblings Fight Over Deceased Parent’s Bank Accounts
This is a case being heard in the First Department, Appellate Division, of the Supreme Court. This issue being appealed in this case is whether the petitioner, who is the son of the decedent and the ancillary executor of the estate, has overcome the presumption that certain joint bank accounts…
Court Revokes Commissions Collected by Executor
This is a decision made in the Surrogate’s Court of the State of New York in Nassau County after a bench trial of the accounting of the executor of the estate. Before the trial the objectant by an order to show cause sough the revocation of letters testamentary that were…
Son Challenges Father’s Will
In this case the defendant has moved for an order to dismiss the first and third causes of action brought against them on the ground of failure to state a cause of action. The defendant is seeking to have the remaining caused transferred from the Supreme Court, Special Term, to…
Defendant Claims Plaintiff has No Legal Capacity to Sue
This case is being heard in the Special Term of the Supreme Court of the State of New York in Queens County. The defendant has moved to dismiss the complaint against them on the ground that the plaintiff has no legal capacity to sue and that the court lacks legal…
Will Submitted to Probate
This matter deals with the last will and testament executed by the testatrix on the 26th of August, 1964. The matter is being handled by the Surrogate’s Court of Queens County. The instrument appears to be natural and leaves her entire estate to her husband. If her husband predeceases her…
Plaintiff Contends Lease Assignment Invalid
This case is being heard in the Appellate Division of the Supreme Court of the State of New York, Second Department. The respondent and appellant in the case is Richard P. Booth. The appellant and respondent in the case is the Ameriquest Mortgage Company. Case Background A New York Probate…
Appellants Bring Appeal Regarding Codicil
This is a matter dealing with the probate of a last will and testament. This case is being held in the Second Department, Appellate Division of the Supreme Court of the State of New York. Appeal The appellants are appealing and order that was made in the Surrogate’s Court of…
Court Hears Estate Litigation Matter Over Legal Fees
This is a case of appeal being heard in the Supreme Court, Appellate Division, and Second Department. This proceeding is to settle the account of a co-executor of an estate. The co-executor and the law firm are appealing an order that was made in the Surrogate’s Court of Queens County.…