A man executed a will in October 28, 1970. In this will, ninety per cent of his estate is left to charities and the remaining ten per cent is left to his sister. In this will also a bank and trust company was named as executor of the will. After…
Articles Posted in Probate & Estate Litigation
Petitioner Seeks Order Vacating Settlement Agreement
In this probate proceeding, petitioner filed a motion seeking an order of vacating a settlement agreement and a renunciation and disclaimer of its purported execution to render said stipulation effective. Decedent was survived by his spouse, herein petitioner, and two children of decedent from prior marriage as respondents to the…
Man Dies with 11 Children, Only 1 Named in Will
In January 13, 2007, the father died survived by 11 children: three from the first marriage, four from the second marriage and four alleged non-marital children. The purported will was offered for probate benefits only one child from the first marriage, Angela Manning, who inherits the entire estate and named…
Can a Witness to a Will Signing Also be a Beneficiary?
A New York attorney applied for letters of administration upon the request of the executor of a will. The said executor is also the beneficiary and a nephew of the decedent who was a New York resident at the time of her demise. Upon closer observation of the will, it…
Court Decides Jurisdiction of a Will Contest
This is an appeal filed in the Supreme Court by a party who objected to the probate of the will of a decedent in the Surrogate Court of New York. The facts of the case state that the decedent was a resident of New York. Sometime in his life, he…
Court Determines of Undue Influence Involved in Will Case
A lady testator co-owned an apartment building in New York with her two sisters. The bulk of her estate came from her share in the rent income she derived from the apartments and the value of the apartment building and its premises. She executed a will on September 16, 1997…
Petitioner Brings Will Contest Action
A man executed a will in January 23, 1962. In this will the man made bequests of jewelry and personal property; devises of real property; and a trust to his widow. The value of the gifts and benefits he gave to her in the will amounted to $7,500,000.00. He also…
Court Determines if it has Proper Jurisdiction for Probate
In this case, the only issue that has to be determined by the court is whether or not it has jurisdiction to entertain the probate of the decedent’s last will and testament. The facts of the case state that the decedent was a resident of New York when he executed…
Court Says it has the Power to Compel Fiduciary to Produce Information
A testator died and his executrix successfully had his will admitted into probate. The executrix had already rendered an accounting of the properties of the estate and she was in the process of litigating claims for and against the estate. She is readying the estate for distribution to the distributees…
What are Appropriate Legal Fees in an Estate Case?
On 4 July 2009, the decedent died prompting the petitioner to employ the services of a lawyer. A retainer Agreement was entered into by the parties stipulating the amount of attorney’s fees to be paid. Thereafter, the petitioner questioned the amount billed by the lawyer as his attorney’s fees alleging…