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Articles Posted in Suffolk County

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Court Decides Reasonable Attorneys Fees for Estate Administration

The Facts of the Case: On 22 February 2004, a resident of Hicksville died with a will dated 6 November 2002, months after a guardian was appointed on her behalf under Mental Health Law Article 81. The decedent left all of her property, other than a $15,000.00 bequest to a…

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Petitioner Questions Validity of Will

In a will contest probate proceeding, the appellant woman appeals from a decree of the Surrogate’s Court which as granted the motion of the petitioner, Public Administrator of Kings County, for summary judgment dismissing her objections to admit the deceased person’s will dated September 30, 1977, admitted the will to…

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Court Looks at Whether Defendant is Liable For Negligence

A New York Probate Lawyer said in an action to recover damages for personal injuries, the plaintiffs allegedly sustained personal injuries when the limb of a tree fell onto the motor vehicle in which they were traveling, in the defendant Village of Great Neck Estates. Thereafter, a Nassau Estate Litigation…

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Court Rules on Violation of Labor Law Section 240

In an action to recover damages for personal injuries, the plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Whelan, J.), entered September 2, 2009, which, upon a jury verdict, and upon the granting of the motion of the defendant Swiss Ranch Estates, Ltd., in effect, pursuant to…

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Petitioners Request Withdrawl of Probate Petition and Move for Issuance of Letters of Administration

The Facts of the Case: On 26 October 2000, a decedent died with a Last Will and Testament dated 23 March 1995. Under the will, the decedent left her estate to her two sisters, A and B, or the survivor; named A as executor and B as successor. A predeceased…

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Defendant Contends Court Lacks Personal Jurisdiction

This case is being heard in the Supreme Court of Nassau County. The action before the court is a case of accounting in regard to an estate. The decedent passed away on the 20th of September, 2000. A New York Probate Lawyer said at the time of her death she…

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Court Analyzes Format of the Will

This is a case being heard in the Surrogate’s Court of Queens County. The matter involves the executor of a will who is requesting that the court construe the instrument, particularly the first paragraph in order to determine what is to be charged to the legacy that he receives under…

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Court Looks at the Intent of the Decedent

Establishing the jurisdiction that will handle a probate action in a New York Probate Court sometimes requires the knowledge of the decedent’s entire residential history. Just because a person dies in one county does not mean that the probate should be handled by that county. Probate in New York Law…

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Petitioner Claims Will Not Valid

An instrument alleged to have been executed in December of 1955 by the decedent is being offered for probate in the Surrogate’s Court of Queens County. The instrument names an executor and an attorney and draftsman as well. Case Background The decedent passed away in April of 1957. She was…

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