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Articles Posted in Probate & Estate Litigation

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Jurisdiction Issue Decided

A testator was born and raised in Brooklyn, New York but after he got married, he lived with his wife in Florida. Later, the testator and his wife resided in Phoenix, Arizona. While they resided in Phoenix, Arizona, the testator’s wife died. It was around April 2004 that he executor…

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Court Decides Probate of Case After Decedent Was Murdered

On 2009, a mother with her two daughters died at the hand of their husband and father. After the incident, the father committed suicide and died later that same day. Consequently, the mother’s cousin granted the temporary letters of estate administration of the three deceased. The mother was survived by…

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Petitioner Questions Legal Fees for Estate Administration

In this proceeding, the two estate administrators contested to the final accounting of the last will and testament of a man. They contested to the two stipulations signed by the interested parties to the accounting. The court previously issued a decision in which the attorneys of the complainants were directed…

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Court Says Larger Estate Doesnt Justify Larger Fees

A woman resident died on February 15, 2009, leaving a last will and testament dated June 28, 2007. She was survived by 19 statutory heirs, including four siblings and the 15 children of four predeceased siblings. The last will and testament leaves all of the woman’s property in three equal…

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Petitioner Files Application to Modify Trust

The Facts: On 13 April 1968, a woman (hereinafter The Decedent) died leaving a will. The petitioner, a Child Care Society (hereinafter Child Care Society), seeks to modify the decedent’s will to designate a Residence for Boys (hereinafter Residence for Boys) as a beneficiary of a testamentary trust (hereinafter Testamentary…

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Petioner for Estate Claims Lawyer Misappropriated Funds

Sometime in 1985, the respondent was retained by a woman to probate the Last Will and Testament of her deceased mother. The respondent accepted the retainer with full knowledge that the Will would have to be probated in the Court (for estate administration or will contest; estate litigation) in which…

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