The woman died leaving a Will. At the time of her death, the woman was a resident of Florida and supplementary letters of estate administration were issued to the executor of the estate. The accounting covers the period May 3, 2004 to April 21, 2009. An amended accounting covering the…
Articles Posted in Probate & Estate Litigation
Court Decides Payment of Estate Taxes
A woman died and was survived by her five children. Her will, dated September 1, 2006 was admitted for probate on July 2, 2010 and letters of estate administration was issued to one of her children. The Will established a credit shelter trust for her husband, with remainder to her…
Court Decides Guardian Ad Litem Fee
This case involves the will of Josephine H. Kempisty who is deceased. The case is a probate proceeding being held in the Surrogates Court of the State of New York in Nassau County. Current Issue This probate proceeding is a review of a settlement stipulation that was negotiated and crafted…
Court Decides Guardian Ad Litem Fee
This is a hearing in the matter of the last will and testament of the deceased Joseph R. Drab. The probate case is being heard in the Surrogates Court of the state of New York in Nassau County. Probate Proceeding The decedent of the case was survived by his spouse,…
Court Decides Ownership of Property Where Couple was Married Twice
This case is being heard in the Special Term of the Suffolk County Supreme Court. The case deals with the will of Gladys Guernsey. The plaintiff in the case is the executor of the last will and testament of Gladys Guernsey, Patrick Beary. The defendants in the case are Leach…
Court Decides Reasonable Attorney’s Fees in Estate Matter
This is a case being heard in the Surrogate’s Court of New York County. The issue of the case deals with the estate of Emma B. Johnson. The executor and petitioner for the estate is Norman W. Roe. The respondents in the case are Long Island College Hospital, The Industrial…
Foreclosure of Home Involved in Probate
The plaintiff in this case is Financial Freedom Acquisition. The defendants in the case include Kevin J. Malloy, Esq. who is the guardian ad litem for the unknown distributees, heirs, and next of kin of the deceased, Howard Harris. This includes anyone that is interested in the estate of Howard…
Court Finds Clear Error in Will
This is a matter involving the estate of Eugenia C. Herceg who is deceased. The petitioner is represented by the law firm of Levene, Gouldin & Thomas, with John H. Hartman for counsel. Case Background In the will of Eugenia Herceg there is a residuary clause that is dated the…
Sibling Claims Decedent was a Victim of Undue Influence
An 87 year old bachelor died on May 12, 1992. He had an estate that was worth $7,000,000. He left his estate to his sister, his brother and the two children of his brother who died before him. He also named the three children of his sister as his heirs.…
Court Decides if Surrogates Court Abused its DIscretion
The Facts: The Respondent found among the decedent’s effects a purported will signed by the decedent but with the signatures of the witnesses torn off and missing. The respondent claims that the attorney whose name appears on the back of the will does not remember the alleged will or attending…