In this case, the Appellate Division, Second Department, considered whether the Surrogate’s Court of Kings County erred in dismissing the objectant’s objections and admitting the decedent’s will to probate. Background The decedent died on May 20, 2014 leaving a will dated March 28, 22014. The petitioner filed a petition for…
In a contested probate case, the court considered whether there was an triable issue of fact with respect to whether the decedent had been subjected to undue influence at the time that he executed his will. Background On December 22, 2016, the decedent died after a terminal illness. He left…
In In re Kaufman, the Appellate Division was asked to determine whether the Surrogate’s Court erred in suspending the letters of co-executors without an evidentiary hearing. When a testator makes a will, it is their last opportunity to let the world know what they want to happen to their property…
In In re Steward the court considered whether the Surrogate’s Court erred in denying a motion to suspend co-administrators where the co-administrators were unable to get along. SCPA § 711 describes the circumstances under which a court can revoke letters of administration: Wasted assets. The court has the authority to…
In In re Scott the Surrogate’s Court of Bronx County considered whether to extend preliminary letters testamentary over objections. The petitioner, the decedent’s step daughter, was nominated in the decedent’s December 21, 2019 will to serve as the executor. The decedent died on January 30, 2020. On July 31, 2020,…
In In re Lewner, the Surrogate’s Court of New York County was asked to revoke the authority of the administrator of an estate on the grounds that he had not been fulfilling his fiduciary responsibilities. The decedent died on May 19, 2016 leaving an estate with a value of over…
In the Matter of Qyra, the Surrogate’s Court considered an issue related to the allocation of the money award in a wrongful death lawsuit. On February 25, 2010, while walking in Central Park, Elmaz Qyra was struck by a tree branch and died. The administrator (personal representative) of his estate…
In a case where there is an objection to the issuance of letters, the court considered whether an agreement between two spouses who were in the middle of a divorce abated upon the death of one of the spouses. BackgroundThe decedent and Asha were married. However, at the time of…
In Abram v. Abram the court was asked to consider whether the Surrogate’s Court of New York County erred in denying an evidentiary hearing on the fitness of an administrator of a decedent’s estate. Judges have broad discretion in determined whether an administrator or executor is qualified. Typically courts will…
In Rotwein v. Murray, the District Court reviewed a case related to claim filed against an estate of a decedent for the payment of medical bills. Under EPTL, creditors have the right to file claims against the personal representative of an estate to seek payment of debt. EPTL § 11–3.1 …