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Articles Posted in Westchester County

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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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Court Decides if Formal Accounting Necessary

This case deals with the accounting of Leif I Rubinstein as the executor of the estate of William Gillett who is deceased. The case is being held in the Surrogates Court of Suffolk County. This is an executor’s account proceeding (estate administration) where the attorney fiducia is requesting nunc pro…

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Testatrix Leaves Her Estate to a Wildlife Sanctuary

This case is being heard in the Suffolk County Court. The matter at hand deals with an application made by the American Museum of Natural History. The application requests a refund of certain taxes that the museum paid under erroneous and illegal assessments that were made. The American Museum of…

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Court Looks at Stipulation of Settlement Agreement

The Facts of the Case: A New York Probate Lawyer said on 24 September 2008, the decedent died a resident and domiciliary of Nassau County. In November 2008, “A” filed a petition seeking a decree awarding her letters of administration. In the proceeding, “A” identified herself as the decedent’s wife.…

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Court Reviews Alleged Fraudulent Acts by Fiduciaries

This is a case being heard in the Surrogate’s Court of Suffolk County. The case involves the will of Madeleine Daltrolff Corya, who is deceased. The case is an accounting proceeding where the co-petitioners, the attorney – draftsman and the Bankers Trust Company have requested that the court fix and…

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Court Rules on Full Faith and Credit Act of the Constitution

This matter deals with Howard E. Bennett, who is also known as Ward Bennett and is deceased. The appellant in the case is David White. Robert Middleton, et al is the respondents in this matter. The case is being heard in the Supreme Court of the State of New York,…

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Daughter Contests Father’s Will

In a proceeding, a daughter of a deceased man filed a motion for a decision without trial and objected the petition for probate of her father’s will. The petition was brought by the sister of deceased man and the nominated estate administrator under the last will and testament. The last…

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Court Says Testator has Right to Choose Who Settles Their Estate

In a probate proceeding, a New York Probate Lawyer said that the petitioner, Joanne Zaccaria, appeals from so much of a decree of the Surrogate’s Court, Kings County, denied that branch of her cross motion which was for the issuance of preliminary letters testamentary to her for the estate of…

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Court Decides Payment of Estate Taxes

A woman died and was survived by her five children. Her will, dated September 1, 2006 was admitted for probate on July 2, 2010 and letters of estate administration was issued to one of her children. The Will established a credit shelter trust for her husband, with remainder to her…

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