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Articles Posted in New York City

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Court Suspends Letters of Testamentary

A man died leaving a last will and was subsequently admitted to probate. The letters testamentary was issued to the deceased man’s youngest son. Still, the last will bequeath the man’s residuary estate equally to his three sons. A New York Probate Lawyer said in the court suspended the letters…

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Petitioner Challenges Validity of Tax Assessment

In this estate case, New York Probate Lawyer said that a hybrid proceeding pursuant to CPLR article 78, inter alia, to review real property tax assessments for tax year 2008 and action for a judgment declaring that certain undeveloped parcels of real property owned by the petitioner/plaintiff were unlawfully assessed…

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Probate Court Decides Out of State Jurisdiction Issue

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…

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Court Decides if Deceased Had Testamentary Capacity

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…

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Probate Court Analyzes Landlord Tenant Relationship

A New York Probate Lawyer said this is an appeal from an order of the County Court of Delaware County entered June 23, 2006, which, among other things, dismissed petitioner’s application, in a proceeding pursuant to RPAPL article 7, to recover possession of certain real estate property. In August 2005,…

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Court Decides Executrix Commissions

n a proceeding for ancillary probate of the will of decedent, which will, it is alleged, has been admitted to probate in the Republic of Mexico, the nation in which decedent was domiciled at the time of his death. The application indicates that decedent possessed real property in both Bronx…

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Court Discusses Issues Related to Filing of Notice of Election

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…

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Petitioner Claims Decedent Lacked Capacity in Will Contest Action

The decedent, a former court reporter, died at the age of 78 following an almost two-week hospitalization. The propounded instrument was executed one day prior to the decedent’s death, while he was hospitalized. A New York Probate Lawyer said the amended probate petition indicates that the decedent’s distributees are four…

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Court Discusses Criminal Intention in Will Forgery Case

This was a certiorari case filed before the court by the petitioner, a former war veteran, who was charged and indicted for conversion of government property. A New York Probate Lawyer said the large tract of Michigan land was used by government for practice bombing range where the Air Force…

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