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Articles Posted in Queens

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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…

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Mother files Estate Litigation over Deceased Infant

Decedent’s daughter was born at Nassau County hospital. A case was filed against the hospital for medical malpractice by the decedent in behalf of her daughter. The decedent, who retained counsel to represent infant plaintiff, died while the lawsuit was still pending in court. In this Estate Litigation action, Letters…

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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…

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Court Decides Jurisdiction Between French and NY Wills

This case started in 1951 when one of the heirs of the decedent applied for ancillary letters of administration concerning holographic will that was said to be executed in France. In his petition, it was alleged that the decedent was a resident of France who died in the same country…

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Court Decides Fees for Guardians

The trial discussed concerns the legal settlement of the final account of two persons and the fixation of legal fees. The two persons were the appointed guardians of the properties of the deceased incompetent man. While the administrator of the properties also filed objections and has argued for a surcharge…

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Court Decides Jurisdiction Issue of French Will

This case started in 1951 when one of the heirs of the decedent applied for ancillary letters of administration concerning holographic will that was said to be executed in France. In his petition, it was alleged that the decedent was a resident of France who died in the same country…

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Courts Discuss Bond Provisin in Estate Documents

On 4 February 2007, a resident of Nassau County died leaving a will dated 20 September 2006. She was survived by her two (2) children, a grandchild and two (2) minor grandchildren. Such will has been offered for probate by the nominated executor (decedent’s husband). The will created a trust…

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Court Decides if Petition for Preliminary Letters Shoud Be Granted

On 28 October 2006, the decedent died leaving a will dated 27 April 2006. The will nominates two (2) executors. Thereafter, one of the executors renounced his appointment. The decedent was survived by his two adult children. Under the will, the entire residuary estate is left to the decedent’s companion…

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Court Decides Estate Issues Regarding Same Sex Marriage

The deceased man endowed in his will his three surviving brothers, a goddaughter and his same sex partner spouse that he married in Canada. He left the residue of his estate to the respondent, his same-sex partner spouse. The deceased man appointed the respondent spouse as the executor of his…

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