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Articles Posted in Probate & Estate Litigation

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Court Decides on Payments to Ancillary Executor

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…

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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…

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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…

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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…

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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…

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