In this miscellaneous proceeding, the petitioner, Catholic Child Care Society of the Diocese of Brooklyn (hereinafter Catholic Child Care Society) seeks to modify the decedent’s will to designate St. John’s Residence for Boys as a beneficiary of a testamentary trust (hereinafter Dowdall Testamentary Trust) established under the decedent’s will in…
Articles Posted in Westchester County
Court interprets Will Document
A New York Probate Lawyer said that the records reflect that these two cases involves matters of probate which was resolved by the court accordingly. In the first probate proceeding, Paragraph ‘Fifth’ of testatrix’ will reads: ‘Enclosed in the same envelope with this Will are two sealed envelopes addressed to…
Court Looks at Motion to Vacate
A New York Probate Laywer said on 17 June 2007, seven months after executing her will, the decedent, AB, died. Her husband predeceased her in 2001, and she never had any children, biological or adopted. The decedent was survived by six distributees: NK, GKH, and EKS (children of the decedent’s…
Court Determines Fees for Guardian ad Litem
A New York Probate Lawyer said this is a proceeding submitted for decision wherein the issue is the source of payment for fees awarded to a guardian ad litem. In this probate proceeding, the will “pours over” into an inter vivos trust. The court is tasked to decide whether trust…
Court Decides if Attorney Fees Should be Granted
A New York Probate Lawyer said that, before the court is the first and final account of the Public Administrator for the estate of the decedent, who died intestate, a resident of Hempstead, on June 21, 1993, leaving one daughter, surviving. Limited letters of administration were issued to the Public…
Court Dicusses Trust with PourOver Will for Infant
New York Probate Lawyers said that, the report of the guardian ad litem for infant remainder men of the residuary trusts makes certain recommendations, some of which are in reality objections to the account. A New York Estate Administration Lawyer said that, a trust which the decedent had created provided…
Court Discusses Will Contest Proceeding
In this Will Contest probate proceeding, the nominated co-executors, the decedent’s nephew, and an attorney who had worked with the decedent, move for summary judgment dismissing the objections of the decedent’s niece, and admitting the propounded instrument to probate. A New York Probate Lawyer said the decedent, a renowned real…
Petitioner Claims Lack of Testimentary Capacity in Will Dispute
In this probate proceeding, a New York Probate Lawyer said the proponent woman, wife of the decedent’s predeceased cousin and the nominated executrix under the propounded instrument moves for summary judgment. Specifically, she seeks dismissal of the decedent’s spouse’s objections to probate; admission of the will to probate; dismissal of…
Petitioner Files Motion to Compel Production of a Will
A New York Probate Lawyer said that, petitioner, pro se, in his status as attorney-in-fact for his mother, has instituted a proceeding seeking to compel the production of a will. Petitioner personally has no status in the estate of decedent. Decedent died on May 5, 1984. Based upon a probate…
Court Hears Claim of Undue Influence in Execution of Will
A New York Probate Lawyer said that, defendants move pursuant to CPLR 3211(a)(5) to dismiss plaintiff’s complaint contending that plaintiff’s claims are barred by the applicable statute of limitations and pursuant to CPLR 3211 (a)(7) dismissing plaintiff’s causes of action on the ground that said causes fail to state a…