A man who had three children by a first marriage married a woman who had five children of her own. When she married her husband, her husband sold the house he owned and moved into the house of his second wife. Sometime in Aprill 22, 2009, the man died a…
Articles Posted in Suffolk County
Court Discusses Attorney Client Privlege
A man and his wife consulted a lawyer to plan the disposition of their estates on the event of their demise. The man and his wife both executed individual wills based on the advice and opinion of the lawyer they both consulted. When the man died, his will was submitted…
Petioner for Estate Claims Lawyer Misappropriated Funds
Sometime in 1985, the respondent was retained by a woman to probate the Last Will and Testament of her deceased mother. The respondent accepted the retainer with full knowledge that the Will would have to be probated in the Court (for estate administration or will contest; estate litigation) in which…
Court Holds Executrix was Negligent
Two men were business partners. In 1925, one partner filed a suit to compel his business partner to account for the properties of the partnership in his keeping. The partner who sued contended that his business partner diverted the profits of their business. While the suit for accounting was pending,…
Court Discusses Whether a No-Contest Clause Only Applies to Heirs
A woman executed a will two weeks before she died in September 1992. She left an estate worth $2,000,000. Her will was offered for probate by the executors. During the proceedings, it was discovered that the woman filed with the Surrogate’s Court a prior will dated July 1992. The provisions…
Decedent’s Son Sues for Specific Performance
A man and his male domestic life partner were co-owners of a cooperative apartment in Brooklyn, New York. They also co-owned a house in Southold, New York. In his last will and testament, the man named his domestic life partner as his executor. He also left to him his share…
Family Member Seeks to Invalidate Trust
In situations of estate probate, there are often times when a person is appointed by the court to review the circumstances surrounding a will and to determine if the law has been followed in the distribution of the assets set forth in the document. This person is called the guardian…
Family Questions Mental Capacity of Decedent
On this contested probate proceeding, the guardian for the infant beneficiaries seeks for authorization to retain a medical expert to be paid from the assets’ proceeds. It was initiated when a man died at the age of 88 and he was survived with seven children and two grandchildren. Afterwards, a…
Court Discusses Issuing Preliminary Letters Testementary
The Facts: On 14 December 2005, a decedent died leaving a will dated 13 September 2005 (the “2005 Will”) and a prior will dated 24 January 2003 (the “2003 Will”). The 2003 Will nominates the decedent’s daughter-one as executor and the decedent’s daughter-two as successor executor. The 2005 Will also…
Court Determines if Loan is in Default
The plaintiff and appellant of this case is Gray Wolf Corporation. Gray Wolf Corporation is being represented by Warren B. Rosenbaum from Woods, Oviatt and Gilman, LLP. The defendant and respondent et al of the case is Gleason Estates Associates, LP. Gleason Estates Associates LP is being represented by Gregory…