A resident of Nassau County died on 28 December 2010 and was survived by his sister, the petitioner; and two (2) brothers, the respondent and movant herein. The decedent’s last will and testament dated 23 May 2000 was offered for probate (estate litigation or estate administration or will contest) by…
Articles Posted in Probate & Estate Litigation
Court Hears Will Contest Over Real Property Dispute
A decedent died on 26 February 2009 and was survived by his two children. On 3 August 2009, the decedent’s last will and testament dated 9 February 2009 was admitted to probate (estate litigation, estate administration or will contest) and letters testamentary were issued. The will provided, among other things,…
Court Decides Will Contest
A man died survived by his spouse. He left a will which then became the subject of a probate (will contest) proceeding. Certain documents were sought to be produced which then became the subject matter of the present case. Two issues were raised during the estate litigation, to wit: 1.…
Defendant Seeks Order Quieting Title
In a pending action transferred from Supreme Court, Nassau County to Surrogate’s Court of Nassau County, defendant sought the order of quieting title in his favour and to direct the Clerk of Court of Nassau County to cancel a notice of its pendency and such other relief the court may…
Court Conducts an Accounting Proceeding
Before the Nassau County Surrogate Court is the Public Administrator’s motion to dismiss the objections in a contested accounting proceeding. The woman decedent, a resident and domiciliary of Nassau County, died testate. She was survived by her daughter and three sons. Decedent executed a last will and testament bequeathing her…
Court Decides Appropriate Fee for Guardian ad Litem
A decedent was survived by his wife (a person under disability represented by a guardian ad litem), an adult son (petitioner) and four adult grandchildren and the issue of a predeceased child. Under the decedent’s will, his entire estate was left to the decedent’s lifetime trust, which in turn leaves…
Court Determines Appropriate Legal Fees for Probate Case
In an accounting proceeding, the court is presented with the issue of determining the amount of attorney’s fees and accounting fees to be granted to be charged against the estate of the decedent. Decedent is a resident of Nassau County who left a will that was admitted for probate by…
Court Decides Payment of Legal Fees for Administration of an Estate
A resident of Uniondale, on 26 December 1998, died. The decedent left a will dated 15 June 1979 which bequeathed her entire residuary estate to her nephew, who post-deceased the decedent. The Public Administrator was appointed temporary administrator of the estate on 14 April 2005. Decedent’s will was admitted to…
Court Questions Appointment of Guardian ad Litem
This case is not about estate litigation but about the petition of a guardian in Vermont County for ancillary committee designation covering the properties of his ward in New York County. The Guardian ad Litem in New York questioned the appointment of the petitioner as guardian of the old woman…
Court Determines if it has Subject Matter Jurisdiction
On 28 December 1993, the decedent died. On 28 January1994, The decedent’s Last Will and Testament was admitted to probate (no will contest) and letters testamentary were issued. The issue here (estate litigation) is whether or not an order consenting to a transfer to the Nassau County court of an…