A New York Probate Lawyer said that, in this contested probate proceeding, the proponent, moves for an order pursuant to CPLR 3212 granting summary judgment dismissing the objections and admitting the propounded instrument dated March 19, 2003 to probate. The objectant is the son of the decedent. The propounded instrument…
A New York Probate Lawyer said that, in this accounting proceeding, the only issues before the court are the approval of attorneys’ fees and accounting fees. The decedent died on November 25, 2004, a resident of Nassau County leaving a will dated October 12, 2004, which was admitted to probate…
The decedent died on February 7, 1946. Shortly thereafter the executrix filed with the court a petition for the probate of the decedent’s will, together with her oath and designation. Jurisdiction of all necessary parties was obtained and the proceeding was marked for decree on July 10, 1946, subject to…
Two cases before two (2) courts involve the same or similar issues, that is, the jurisdictions of both courts in ruling upon the probate proceedings filed before it. First Case: A New York Probate Lawyer said that on 26 April 1954, the decedent was committed to a State Hospital. Thereafter…
A New York Probate Lawyer said this is a contested probate proceeding after trial before the court and a jury wherein a verdict was rendered by the jury finding that at the time of execution of the propounded instrument the decedent lacked testamentary capacity and that the execution of the…
This is an application for an order relieving the petitioner of her default in filing her notice to take an elective share as decedent’s surviving spouse within the time provided and extending her time to file the notice of election. The question presented is whether the provision in EPTL 5-1.1-A…
Two cases were brought before the court for resolution. In the first case: A New York Probate Lawyer said that on 24 July 2006, the Supreme Court of New York County rendered judgment granting the defendant’s motion for summary judgment only to the extent of precluding plaintiff from asserting any…
The order of the Appellate Term of the Supreme Court which reversed a judgment of the New York County Civil Court in tenant’s favor was unanimously reversed, on the law and the facts, without costs, and the landlord’s petition is dismissed. A New York Probate Lawyer said the evidence presented…
The Facts of the Case: On 18 October 2007, a decedent died and is survived by his daughter-one and his granddaughters, A and B, the children of predeceased daughter-two, as his sole distributes. The decedent’s wife had predeceased him in September 2003. After the death of the decedent, the petitioner…
In a court proceeding, a complainant filed a motion to stay pending the determination of an appeal from an order of the civil court. Upon the papers filed in support of the motion and the papers filed in opposition, the court consequently ordered that the motion is granted on condition…