A son from California filed for an order dismissing the pending proceeding to probate his mother’s New York Will that raises an interesting question of jurisdiction. The son argues the jurisdiction of the court to prove the validity of the Will of a non-residence which requests New York to prove…
Articles Posted in Probate & Estate Litigation
Court Rules on No Contest Provision of the Will
This issue was brought to the court to extend the time to file objections in validation of the will and a motion for construction of the provision. This is concerning the legal proving of the will of a woman who died, leaving a taxable estate of almost two million dollars.…
Court Decides if Decedent was Under Undue Influence at Will Signing
The petitioners in this case have filed a motion for summary judgment which will dismiss the public administrator’s objections. The petitioners are also seeking the admission of the testator’s will for probate. Before the death of the testator, he had been living in a facility for the elderly for many…
Court Decides Will Contest
The petitioners of this probate case wanted to withdraw their petition and requested the court to issue letters of administration. The petitioners wanted to abandon their action placing on probate the alleged copy of the last will and testament. According to the last will and testament of the decedent, the…
Children Sue Stepmother for Mishandling Estate
According to reports from a surrogate’s court, a decedent was survived by his wife, and two children from a previous marriage. In his last will and testament, he had chosen his wife to act as estate administrator. Upon his death, the will was submitted to probate court. The court named…
Guardian Charged with Gross Negligence
A guardian for an old man is accused of gross negligence, malpractice, inaction, unlawful and breach of authority relationship regarding his conduct and/or lack thereof in exercising a certain right of election on the old man’s behalf against the last will and testament of his deceased son. The claim for…
Widow Thinks Estate Taxes Should Not be Taken Out
This case involves the estate of Mr. Frank Wolf. The petitioner is the administrator of the estate, Betsy Wolf. Ethel Wolf is the respondent. The Estate The case involves the will of Mr. Wolf. Most of his property was left to his mother, while nothing appeared allocated for his wife.…
Petitioner Files Will Contest Due to Competency of Testator
Relative to the petition for probate, the guardian ad litem for the decedent crafted and negotiated the stipulation of settlement of estate was filed before the court for review. The factual circumstances of the case rooted from the time the decedent, a resident of New Hyde Park, Nassau County died…
Will is Contested Based on Lack of Capacity of Decedent
An 87 year old deceased rich man who was never married and had no children had invested wisely and left a non-specific estate of over $7,000,000. His latest will executed left his residuary estate in equal shares to his sister, his brother, two children of his predeceased brother and his…
Petitioner’s Request for Injunctive Relief Denied
The following estate litigation was filed by the proponent. The proponent in this case is one of the three daughters of the testator. In her petition, she wanted to revoke the administration letters that were given to her sister. Because of this incident, the two sisters of the proponent had…