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Articles Posted in New York City

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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…

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Court Decides Non-Marital Child’s Status

In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed…

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Probate Court Discusses Cy Pres Doctrine

The Facts: On 1 November 1995, a doctor (“the doctor”) died. On 8 July 1996, his will was admitted to probate (for estate administration or estate litigation). Under the will, the doctor bequeathed $3,500,000 to a hospital (“the Hospital”), to be held as the Endowment Fund in perpetuity, with the…

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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…

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Court Discusses Non-marital Child Entitlement in Will Contest

In a probate proceeding, two non-marital children have moved to have their status as children entitled to benefits under the after-born statute determined. In a prior decision, the court ruled that any question regarding a party’s status in a probate proceeding should be determined as a preliminary matter and stayed…

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Beneficiaries Bring Will Contest Action

On this proceeding, the beneficiaries of a woman asked for an order to suspend the verdict of the court with regards the admission to probate to the woman’s will. A New York Probate Lawyer said they also asked to vacate the letters testamentary issued to the woman’s caregiver. They also…

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Court Decides Status of Real Estate in Decedent’s Estate

The Facts: On 31 May 1988, a man (the testator) executed a last will and testament in which he devised and bequeathed a life estate interest in premises located at Hopkins Avenue, County of Kings, State of New York, (Hopkins Avenue property) to defendant, including the right for her to…

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Court Rules on Status of Joint Will

The Facts: On 17 October 1967, a husband and a wife (“wife-one”) executed a joint will. On 27 September 1971, the wife died and the joint will, insofar as her estate was concerned, was admitted to probate in Kings County (for estate administration; estate litigation). At the time of her…

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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…

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Court Authenticates Last Will and Testament

This case is being heard in the Surrogates Court of Suffolk County. The matter at hand involves the issue of proving the last will and testament of the deceased, Sigrid C. Lockwood as a will of real property and personal property. The case also deals with a petition regarding the…

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