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Articles Posted in Probate & Estate Litigation

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Decedent’s Son Sues for Specific Performance

A man and his male domestic life partner were co-owners of a cooperative apartment in Brooklyn, New York. They also co-owned a house in Southold, New York. In his last will and testament, the man named his domestic life partner as his executor. He also left to him his share…

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Court Dicusses Rule of Perpetuities

Issues of estate probate can be difficult to figure out. The wishes that a decedent places into their will should be considered as indelible in most cases. However, sometimes a will contains requirements that are not only difficult, but unreasonable for the decedent to place on their progeny. In one…

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Court Decides Non-Marital Child’s Status

In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed…

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Probate Court Discusses Cy Pres Doctrine

The Facts: On 1 November 1995, a doctor (“the doctor”) died. On 8 July 1996, his will was admitted to probate (for estate administration or estate litigation). Under the will, the doctor bequeathed $3,500,000 to a hospital (“the Hospital”), to be held as the Endowment Fund in perpetuity, with the…

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Family Member Seeks to Invalidate Trust

In situations of estate probate, there are often times when a person is appointed by the court to review the circumstances surrounding a will and to determine if the law has been followed in the distribution of the assets set forth in the document. This person is called the guardian…

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Court Discusses Non-marital Child Entitlement in Will Contest

In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed…

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Beneficiaries Bring Will Contest Action

On this proceeding, the beneficiaries of a woman asked for an order to suspend the verdict of the court with regards the admission to probate to the woman’s will. A New York Probate Lawyer said they also asked to vacate the letters testamentary issued to the woman’s caregiver. They also…

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Family Questions Mental Capacity of Decedent

On this contested probate proceeding, the guardian for the infant beneficiaries seeks for authorization to retain a medical expert to be paid from the assets’ proceeds. It was initiated when a man died at the age of 88 and he was survived with seven children and two grandchildren. Afterwards, a…

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Family Brings Estate Administration Action

A woman resident of Israel died. She was survived by her husband and three children. The middle child filed a petition for letters of estate administration. The middle child’s petition alleged that her mother was an heir of the estate of her uncle and that the Chase Bank, which was…

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